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[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Proposed Rules]
[Pages 65144-65146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26263]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1108; Directorate Identifier 2011-NM-283-AD]
RIN 2120-AA64

Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This proposed 
AD was prompted by reports of failures of the emergency slide on the 
forward passenger door, which prevented the door from opening. This 
proposed AD would require repetitive re-packing of certain forward door 
escape slides. We are proposing this AD to prevent failure of the 
emergency slide, preventing the forward passenger door from opening, 
which could result in impeded emergency evacuation and possible 
subsequent injury to passengers and flightcrew.

DATES: We must receive comments on this proposed AD by December 10, 
2012.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For EMBRAER 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. For Goodrich service information identified in this 
proposed AD, contact Goodrich Corporation, Aircraft Interior Products, 
ATTN: Technical Publications, 3414 South Fifth Street, Phoenix, Arizona 
85040; telephone 602-243-2270; email george.yribarren@goodrich.com; 
Internet http://www.goodrich.com/TechPubs. You may review copies of the 
referenced service information at the FAA, Transport Airplane 
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the 
availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; 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: Cindy Ashforth, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-2768; 
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-2012-1108; 
Directorate Identifier 2011-NM-283-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

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directives 2011-12-01 and 2011-12-02, both effective 
December 27, 2011 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. MCAI Brazilian 
Airworthiness Directive 2011-12-01 states:

    During operational checks of escape slide P/N 4A4030-5, some 
operators have reported failure in the escape slide preventing the 
forward passenger door opening. This [Brazilian] AD is being issued 
to prevent failure of this system which could impede an emergency 
evacuation and increase the chance of injury to passengers and 
flight crew.
* * * * *
MCAI Brazilian Airworthiness Directive 2011-12-02 states:

    During scheduled deployment tests of escape slide P/N 104003-2, 
some operators have reported failure in the escape slide preventing 
the forward passenger door opening. This [Brazilian] AD is being 
issued to prevent failure of this system which could impede an 
emergency evacuation and increase the chance of injury to passengers 
and flight crew.
* * * * *
The required action is repetitive re-packing of certain forward door 
escape slides. You may obtain further information by examining the MCAI 
in the AD docket.

Relevant Service Information

    Goodrich has issued Alert Service Bulletins 4A4030-25A402 and 
104003-25A403, both dated June 30, 2011. Embraer S.A. has issued 
Section 1 of EMBRAER 170 Maintenance Review Board Report, MRB-1621, 
Revision 7, dated November 11, 2010; and Section 1 of EMBRAER 190 
Maintenance Review Board Report, MRB-1928, Revision 5, dated November 
11, 2010. The actions described in this service information are 
intended to correct the unsafe condition identified in the MCAI.

[[Page 65145]]

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.

Difference Between the Service Information and This Proposed AD

    Where Goodrich Alert Service Bulletins 4A4030-25A402 and 104003-
25A403, both dated June 30, 2011, specify that Goodrich Service 
Bulletin 25-394 should be accomplished as a prior or concurrent action, 
this proposed AD would not require that service bulletin.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 253 products of U.S. registry. We also estimate that 
it would take about 2 work-hours 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 between $435 and $542 per product. 
Where the service information lists required parts costs that are 
covered under warranty, we have assumed that there will be no charge 
for these parts. As we do not control warranty coverage for affected 
parties, some parties may incur costs higher than estimated here. Based 
on these figures, we estimate the cost of the proposed AD on U.S. 
operators to be between $153,065 and $180,136, or $605 and $712 per 
product.

Authority for This Rulemaking

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

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this proposed AD and placed it in the AD docket.

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.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Embraer S.A.: Docket No. FAA-2012-1108; Directorate Identifier 2011-
NM-283-AD.

(a) Comments Due Date

    We must receive comments by December 10, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) 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; equipped with Goodrich escape slides having part number 
(P/N) 4A4030-5.
    (2) Embraer S.A. 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; equipped with Goodrich escape slides having P/N 104003-2.

(d) Subject

    Air Transport Association (ATA) of America Code 25; Equipment/
Furnishings.

(e) Reason

    This AD was prompted by reports of failures of the emergency 
slide on the forward passenger door, which prevented the door from 
opening. We are issuing this AD to prevent failure of the emergency 
slide, preventing the forward passenger door from opening, which 
could result in impeded emergency evacuation and possible subsequent 
injury to passengers and flightcrew.

(f) Compliance

    You are responsible for having the actions required by this AD 
performed within the compliance times specified, unless the actions 
have already been done.

(g) Repetitive Re-Packing of the Escape Slide

    At the applicable compliance times identified in paragraphs 
(g)(1) and (g)(2) of this AD, re-pack the forward door escape slide 
in accordance with the Accomplishment Instructions of Goodrich Alert 
Service Bulletin 4A4030-25A402, dated June 30, 2011 (for Model ERJ 
170 airplanes); or Goodrich Alert Service Bulletin 104003-25A403, 
dated June 30, 2011 (for Model ERJ 190 airplanes). Repeat the re-
packing thereafter at intervals not to exceed 18 months.
    (1) For escape slides that have not been repacked as of the 
effective date of this AD: Within 18 months after date of 
manufacture of the escape slide or within 6 months after the 
effective date of this AD, whichever occurs later.
    (2) For escape slides that have been repacked as of the 
effective date of this AD: Within 18 months after the last re-pack 
of the escape slide or within 6 months after the effective date of 
this AD, whichever occurs later.

(h) Method of Compliance

    Accomplishing an overhaul of the escape slide as specified in 
Task 25-65-01-001, Emergency Evacuation Slide Assembly, of Section 1 
of EMBRAER 170 Maintenance Review Board Report, MRB-1621, Revision 
7, dated November 11, 2010 (for Model ERJ 170 airplanes); or Section 
1 of EMBRAER 190 Maintenance Review Board Report, MRB-1928, Revision 
5, dated November 11, 2010 (for Model ERJ 190 airplanes); is 
acceptable for compliance with any re-pack required by paragraph (g) 
of this AD.

[[Page 65146]]

(i) 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: Cindy 
Ashforth, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone (425) 227-2768; 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 or other source, use these 
actions if they are FAA-approved. Corrective actions are considered 
FAA-approved if they are approved by the State of Design Authority 
(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(j) Related Information

    (1) Refer to MCAI Brazilian Airworthiness Directives 2011-12-01 
and 2011-12-02, both effective December 27, 2011, and the service 
information identified in paragraphs (j)(1)(i) through (j)(1)(iv) of 
this AD, for related information.
    (i) Section 1 of EMBRAER 170 Maintenance Review Board Report, 
MRB-1621, Revision 7, dated November 11, 2010.
    (ii) Section 1 of EMBRAER 190 Maintenance Review Board Report, 
MRB-1928, Revision 5, dated November 11, 2010.
    (iii) Goodrich Alert Service Bulletin 4A4030-25A402, dated June 
30, 2011.
    (iv) Goodrich Alert Service Bulletin 104003-25A403, dated June 
30, 2011.
    (2) For EMBRAER 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. For Goodrich service information identified in 
this AD, contact Goodrich Corporation, Aircraft Interior Products, 
ATTN: Technical Publications, 3414 South Fifth Street, Phoenix, 
Arizona 85040; telephone 602-243-2270; email 
george.yribarren@goodrich.com; Internet http://www.goodrich.com/TechPubs. You may review copies of the referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on October 15, 2012.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-26263 Filed 10-24-12; 8:45 am]
BILLING CODE 4910-13-P
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