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[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Proposed Rules]
[Pages 12256-12259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04045]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0092; Directorate Identifier 2012-NM-067-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 chafing between the auxiliary power unit 
(APU) electronic starter controller (ESC) power cables and the airplane 
tail cone firewall. This proposed AD would require a detailed 
inspection for damage to the insulation and inner conductors of the APU 
ESC power cables, installing

[[Page 12257]]

new grommet support in the tail cone firewall, and corrective actions 
if necessary. We are proposing this AD to detect and correct damage to 
the APU ESC power cable harness, which if not corrected, could result 
in reduced structural integrity of the fuselage and empennage in the 
event of fire penetration through the firewall.

DATES: We must receive comments on this proposed AD by April 8, 2013.

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 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 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-2013-0092; 
Directorate Identifier 2012-NM-067-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 2012-03-03 and 2012-03-04, both dated April 
13, 2012 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    It has been found the occurrences of chafing between the 
Auxiliary Power Unit (APU) Electronic Starter Controller (ESC) power 
cables (harness W205) and the airplane tail cone firewall due to the 
grommet installed in the tail cone firewall moves out of its place. 
This condition, if not corrected, may result in reduced structural 
integrity of the fuselage and empennage in an event of fire 
penetration through the firewall.

The required actions include a detailed inspection for damage to the 
harness insulation and inner conductors of the APU ESC power cables, 
installing a new grommet support in the tail cone firewall, and 
corrective actions if necessary. Corrective actions include repairing 
the harness W205 insulation or replacing the harness W205 of the APU 
ESC power cables with a new harness. You may obtain further information 
by examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued Service Bulletin 170-53-0093, Revision 01, dated 
March 16, 2012 (for Model ERJ 170 airplanes); Service Bulletin 190-53-
0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes); 
and Service Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 
(for Model ERJ 190-100 ECJ airplanes). 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.

Differences Between This AD and the MCAI or Service Information

    Although Brazilian Airworthiness Directive AD 2012-03-04, dated 
April 13, 2012, specifies a compliance time of ``within 3,000 flight 
hours (FH)'' after the effective date of this AD for performing a 
detailed inspection on the APU ESC power cables for damage, this AD 
requires the action be done within 3,000 flight hours (FH) or 18 months 
after the effective date of this AD, whichever occurs first. This 
proposed compliance time aligns with the compliance time listed in 
Brazilian AD 2012-03-03, dated April 13, 2012.

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 15 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 about $0 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 $322,575, or $1,275 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.

[[Page 12258]]

    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

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 AD:

Embraer S.A.: Docket No. FAA-2013-0092; Directorate Identifier 2012-
NM-067-AD.

(a) Comments Due Date

    We must receive comments by April 8, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplane models identified in paragraphs 
(c)(1) and (c)(2) of this AD.
    (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; certificated in any category; as identified in Embraer 
Service Bulletin 170-53-0093, Revision 01, dated March 16, 2012.
    (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; certificated in any category; as identified in Embraer 
Service Bulletin 190-53-0054, Revision 01, dated March 16, 2012; and 
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March 
16, 2012.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of chafing between the auxiliary 
power unit (APU) electronic starter controller (ESC) power cables 
and the airplane tail cone firewall. We are issuing this AD to 
detect and correct damage to the APU ESC power cable harness, which 
could result in reduced structural integrity of the fuselage and 
empennage in the event of fire penetration through the firewall.

(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) Detailed Inspection, Installation, and Corrective Actions

    Within 3,000 flight hours or 18 months after the effective date 
of this AD, whichever occurs first: Do a detailed visual inspection 
for damage to the insulation and inner conductors of the APU ESC 
power cables (harness W205), in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 170-53-0093, Revision 01, 
dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service 
Bulletin 190-53-0054, Revision 01, dated March 16, 2012 (for Model 
ERJ 190 airplanes except for Model ERJ 190-100 ECJ airplanes); and 
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March 
16, 2012 (for Model ERJ 190-100 ECJ airplanes).
    (1) If no damage is found, before further flight, install a new 
grommet support having part number (P/N) 191-21716-003 in the tail 
cone firewall, in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 170-53-0093, Revision 01, dated March 16, 
2012 (for Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-
0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes 
except for Model ERJ 190-100 ECJ airplanes); and Embraer Service 
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for 
Model ERJ 190-100 ECJ airplanes).
    (2) If any damage is found during any inspection required in 
paragraph (g) of this AD, that affects only the insulation of 
harness W205 of the APU ESC power cables: Before further flight, 
repair the insulation and install a new grommet support having P/N 
191-21716-003 in the tail cone firewall, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 170-53-0093, 
Revision 01, dated March 16, 2012 (for Model ERJ 170 airplanes); 
Embraer Service Bulletin 190-53-0054, Revision 01, dated March 16, 
2012 (for Model ERJ 190 airplanes except for Model ERJ 190-100 ECJ 
airplanes); or Embraer Service Bulletin 190LIN-53-0059, Revision 01, 
dated March 16, 2012 (for Model ERJ 190-100 ECJ airplanes).
    (3) If any damage is found during any inspection required in 
paragraph (g) of this AD that affects the insulation of harness W205 
of the APU ESC power cables and the inner conductors: Before further 
flight, replace the harness with a new harness and install a new 
grommet support having P/N 191-21716-003 in the tail cone firewall, 
in accordance with the Accomplishment Instructions of Embraer 
Service Bulletin 170-53-0093, Revision 01, dated March 16, 2012 (for 
Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-0054, 
Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes 
except for Model ERJ 190-100 ECJ airplanes); and Embraer Service 
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for 
Model ERJ 190-100 ECJ airplanes).

(h) 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; phone: 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

[[Page 12259]]

(or their delegated agent). You are required to assure the product 
is airworthy before it is returned to service.

(i) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directives 2012-03-03 and 2012-03-04, 
dated April 13, 2012; and the service information specified in 
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD; for 
related information.
    (i) Embraer Service Bulletin 170-53-0093, Revision 01, dated 
March 16, 2012.
    (ii) Embraer Service Bulletin 190-53-0054, Revision 01, dated 
March 16, 2012.
    (iii) Embraer Service Bulletin 190LIN-53-0059, Revision 01, 
dated March 16, 2012.
    (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 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 February 11, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-04045 Filed 2-21-13; 8:45 am]
BILLING CODE 4910-13-P
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