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[Federal Register Volume 77, Number 200 (Tuesday, October 16, 2012)]
[Proposed Rules]
[Pages 63272-63275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25459]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1077; Directorate Identifier 2012-NM-146-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 a report that high rate discharge (HRD) bottle 
explosive cartridges of a cargo compartment fire extinguisher system 
were swapped between the forward and aft cargo compartments. Additional 
investigation also revealed the possibility of swapping between the 
electrical connectors of the HRD and low rate discharge (LRD) bottles, 
and a rotated installation of the HRD bottle. Improper assembly of the 
fire extinguishing bottle might cause the extinguishing agent to be 
discharged toward the unselected cargo compartment rather than toward 
the cargo compartment with fire. This proposed AD would require an 
inspection of the HRD bottle for correct installation and to determine 
if the pressure switch is in the correct position, and re-installation 
if necessary; an inspection of the HRD and LRD bottle discharge heads 
to determine the part number and replacement if necessary; and, for 
certain airplanes, an inspection to determine the part numbers of the 
HRD and LRD electrical connectors, and relocation if necessary. We are 
proposing this AD to prevent the inability of the fire extinguishing 
system to suppress fire.

DATES: We must receive comments on this proposed AD by November 30, 
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-

[[Page 63273]]

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-2012-1077; 
Directorate Identifier 2012-NM-146-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 2012-07-01 and 2012-07-02, both effective July 
30, 2012 (referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

It was found during an inspection of the cargo compartment fire 
extinguisher system that High Rate Discharge (HRD) bottle explosive 
cartridges were swapped between forward and aft cargo compartments. 
Additional investigation has also revealed the possibility of 
swapping between the electrical connectors of the HRD and Low Rate 
Discharge (LRD) bottles and a rotated installation of the HRD 
bottle. Such improper assembly of the fire extinguishing bottle may 
cause the extinguishing agent to be discharged toward the unselected 
cargo compartment rather than toward the cargo compartment with 
fire, resulting in an insufficient concentration of fire 
extinguishing agent in the cargo compartment with fire, and 
consequent inability of the fire extinguishing system to suppress 
fire.

* * * * *
Required actions include an inspection of the HRD bottle for correct 
installation and to determine if the pressure switch is in the correct 
position, and re-installation if necessary; an inspection of the HRD 
and LRD bottle discharge heads to determine the part number and 
replacement if necessary; and, for certain airplanes, an inspection to 
determine the part numbers of the HRD and LRD electrical connectors, 
and relocation if necessary. You may obtain further information by 
examining the MCAI in the AD docket.

Relevant Service Information

    Embraer has issued the following service bulletins to correct the 
unsafe condition identified in the MCAI.
     EMBRAER Service Bulletin 170-26-0011, Revision 01, dated 
June 19, 2012 (for 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).
     EMBRAER Service Bulletin 190-26-0011, Revision 01, dated 
June 19, 2012 (for 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).
     EMBRAER Service Bulletin 190LIN-26-0006, Revision 01, 
dated June 19, 2012 (for 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).

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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 163 products of U.S. registry. We also estimate that 
it would take about 7 work-hours per product to comply with the basic 
requirements of this proposed AD. The average labor rate is $85 per 
work-hour. Based on these figures, we estimate the cost of the proposed 
AD on U.S. operators to be $96,985, or $595 per product.
    In addition, we estimate that any necessary follow-on actions would 
take about 1 work-hour and require parts costing $68,588, for a cost of 
$68,673 per product. We have no way of determining the number of 
products that may need these actions.

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

[[Page 63274]]

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-2012-1077; Directorate Identifier 2012-
NM-146-AD.

(a) Comments Due Date

    We must receive comments by November 30, 2012.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes 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 170-26-0011, Revision 01, dated June 19, 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 Bulletins 190-26-0011, Revision 01, dated June 19, 2012, and 
190LIN-26-0006, Revision 01, dated June 19, 2012.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
Protection.

(e) Reason

    This AD was prompted by a report that high rate discharge (HRD) 
bottle explosive cartridges of a cargo compartment fire extinguisher 
system were swapped between the forward and aft cargo compartments. 
Additional investigation also revealed the possibility of swapping 
between the electrical connectors of the HRD and low rate discharge 
(LRD) bottles, and a rotated installation of the HRD bottle. We are 
issuing this AD to prevent the inability of the fire extinguishing 
system to suppress fire.

(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) Inspections and Corrective Actions for Group 1 Airplanes

    For airplanes on which EMBRAER Service Bulletin 170-26-0011, 
dated December 1, 2011 (for 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); EMBRAER Service Bulletin 190-26-0011, dated December 
1, 2011 (for 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); or EMBRAER Service Bulletin 190LIN-26-0006, dated 
December 1, 2011 (for 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); has not been accomplished as of the effective date of 
this AD: Within 3,000 flight hours after the effective date of this 
AD, do the actions specified in paragraphs (g)(1), (g)(2), and 
(g)(3) of this AD. All actions must be done in accordance with Part 
I and Part II, as applicable, of the Accomplishment Instructions of 
EMBRAER Service Bulletin 170-26-0011, Revision 01, dated June 19, 
2012 (for 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); EMBRAER Service Bulletin 190-26-0011, Revision 01, dated 
June 19, 2012 (for 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); or EMBRAER Service Bulletin 190LIN-26-0006, Revision 01, 
dated June 19, 2012 (for 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).
    (1) Do a general visual inspection of the HRD bottle to 
determine if it is correctly installed and if the pressure switch is 
in the correct position. If the bottle is not correctly installed or 
the pressure switch is in the incorrect position, before further 
flight, remove and re-install the HRD bottle.
    (2) Inspect the HRD and LRD bottle discharge heads to determine 
the part number. If the part number of the discharge heads is not 
the part number specified in Figure 3 of EMBRAER Service Bulletin 
170-26-0011, Revision 01, dated June 19, 2012 (for 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); EMBRAER Service Bulletin 190-
26-0011, Revision 01, dated June 19, 2012 (for 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); or EMBRAER Service 
Bulletin 190LIN-26-0006, Revision 01, dated June 19, 2012 (for 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); before 
further flight, replace the discharge bottle with a discharge bottle 
having the same part number.
    (3) Inspect to determine the part numbers of the HRD and LRD 
bottle electrical connectors. If the part numbers of the HRD or LRD 
bottle electrical connectors are not the part numbers specified in 
Figure 1 of EMBRAER Service Bulletin 170-26-0011, Revision 01, dated 
June 19, 2012 (for 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); EMBRAER Service Bulletin 190-26-0011, Revision 01, dated 
June 19, 2012 (for 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); or EMBRAER Service Bulletin 190LIN-26-0006, Revision 01, 
dated June 19, 2012 (for 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); before further flight, relocate the HRD or LRD 
bottle electrical connectors by re-routing the electrical harness.

(h) Inspections and Corrective Actions for Group 2 Airplanes

    For airplanes on which EMBRAER Service Bulletin 170-26-0011, 
dated December 1, 2011 (for 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); EMBRAER Service Bulletin 190-26-0011, dated December 
1, 2011 (for 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); or EMBRAER Service Bulletin 190LIN-26-0006, dated 
December 1, 2011 (for 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); has been accomplished as of the effective date of this 
AD: Within 3,000 flight hours after the effective date of this AD, 
do the actions specified in paragraphs (h)(1) and (h)(2) of this AD. 
All actions must be done in accordance with Part III of the 
Accomplishment Instructions of EMBRAER Service Bulletins 170-26-
0011, Revision 01, dated June 19, 2012 (for 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); EMBRAER Service Bulletin 190-26-
0011, Revision 01, dated June 19, 2012 (for 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); or EMBRAER Service Bulletin 
190LIN-26-0006, Revision

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01, dated June 19, 2012 (for 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).
    (1) Do a general visual inspection of the HRD bottle to 
determine if it is correctly installed and if the pressure switch is 
in the correct position. If the bottle is not correctly installed or 
the pressure switch is in the incorrect position, before further 
flight, remove and re-install the HRD bottle.
    (2) Inspect the HRD and LRD bottle discharge heads to determine 
the part number. If the part number of the discharge heads is not 
the part number specified in Figure 3 of EMBRAER Service Bulletin 
170-26-0011, Revision 01, dated June 19, 2012 (for 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); EMBRAER Service Bulletin 190-
26-0011, Revision 01, dated June 19, 2012 (for 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); or EMBRAER Service 
Bulletin 190LIN-26-0006, Revision 01, dated June 19, 2012 (for 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), before 
further flight, replace the discharge bottle with a discharge bottle 
having the same part number.

(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, 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 2012-07-01 
and 2012-07-02, both effective July 30, 2012, and the service 
bulletins identified in paragraphs (j)(1)(i), (j)(1)(ii), and 
(j)(1)(iii) of this AD, for related information.
    (i) EMBRAER Service Bulletin 170-26-0011, Revision 01, dated 
June 19, 2012.
    (ii) EMBRAER Service Bulletin 190-26-0011, Revision 01, dated 
June 19, 2012.
    (iii) EMBRAER Service Bulletin 190LIN-26-0006, Revision 01, 
dated June 19, 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 October 5, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-25459 Filed 10-15-12; 8:45 am]
BILLING CODE 4910-13-P
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