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[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Proposed Rules]
[Pages 72776-72778]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29460]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-1223; Directorate Identifier 2012-NM-154-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 the cockpit door falling off the hinges 
when it is being open or closed. This proposed AD would require 
replacing the striker and quick-release pin of the passive lock of the 
cockpit door, and replacing the upper and lower hinges of the cockpit 
door. We are proposing this AD to prevent the cockpit door from falling 
off the hinges, which could cause injury to airplane occupants.

DATES: We must receive comments on this proposed AD by January 22, 
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-2012-1223; 
Directorate Identifier 2012-NM-154-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 2012-08-02 and 2012-08-03, both effective 
September 5, 2012 (referred to after this as ``the MCAI''), to correct 
an unsafe condition for the specified products. The MCAI states:

    This [ANAC] AD was prompted by reports of cockpit door falling 
off the hinges when it is being opened or closed. If not corrected, 
this condition may cause injury to the occupants.
* * * * *

Required actions include replacement of the passive lock striker, 
quick-release pin, and upper and lower hinges of the cockpit door. 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. The actions described in the 
following service information are intended to correct the unsafe 
condition identified in the MCAI.
     EMBRAER Service Bulletin 170-52-0055, Revision 01, dated 
August 1, 2011 (for Model ERJ 170 airplanes).
     EMBRAER Service Bulletin 190-52-0038, Revision 01, dated 
August 1, 2011 (for Model ERJ 190 airplanes except for Model ERJ 190-
100 ECJ airplanes).
     EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 
2011 (for Model ERJ 190-100 ECJ 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 253 products of U.S. registry. We also estimate that 
it would take about 6 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 $129,030, or $510 per product.

[[Page 72777]]

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-2012-1223; Directorate Identifier 2012-
NM-154-AD.

(a) Comments Due Date

    We must receive comments by January 22, 2013.

(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 170-52-0055, Revision 01, dated August 1, 2011.
    (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 190-52-0038, Revision 01, dated August 1, 2011; and 
EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 2011.

(d) Subject

    Air Transport Association (ATA) of America Code 52, Doors.

(e) Reason

    This AD was prompted by reports of the cockpit door falling off 
the hinges when it is being open or closed. We are proposing this AD 
to prevent the cockpit door from falling off the hinges, which could 
cause injury to airplane occupants.

(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) Required Actions and Compliance Time

    Within 1,500 flight hours after the effective date of this AD, 
do the actions specified in paragraphs (g)(1) and (g)(2) of this AD.
    (1) Replace the striker and quick-release pin of the passive 
lock of the cockpit door, in accordance with Part I of the 
Accomplishment Instructions of the applicable service bulletin 
specified in paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this 
AD.
    (i) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated 
August 1, 2011 (for Model ERJ 170 airplanes).
    (ii) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated 
August 1, 2011 (for Model ERJ 190 airplanes except for Model ERJ 
190-100 ECJ airplanes).
    (iii) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 
2011 (for Model ERJ 190-100 ECJ airplanes).
    (2) Replace the cockpit door upper and lower hinges in 
accordance with Part III of the Accomplishment Instructions of the 
applicable service bulletin specified in paragraph (g)(2)(i), 
(g)(2)(ii), or (g)(2)(iii) of this AD.
    (i) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated 
August 1, 2011 (for Model ERJ 170 airplanes).
    (ii) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated 
August 1, 2011 (for Model ERJ 190 airplanes except for Model ERJ 
190-100 ECJ airplanes).
    (iii) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 
2011 (for Model ERJ 190-100 ECJ airplanes).

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g)(1) of this AD, if those actions were performed before the 
effective date of this AD using EMBRAER Service Bulletin 170-52-
0055, dated February 10, 2011 (for Model ERJ 170 airplanes); or 
EMBRAER Service Bulletin 190-52-0038, dated February 10, 2011 (for 
Model ERJ 190 airplanes except for Model ERJ 190-100 ECJ airplanes); 
which are not incorporated by reference in this AD.

(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 2012-08-02 
and 2012-08-03, both effective September 5, 2012, and the service 
bulletins identified in paragraphs (j)(1)(i), (j)(1)(ii), and 
(j)(1)(iii) of this AD, for related information.

[[Page 72778]]

    (i) EMBRAER Service Bulletin 170-52-0055, Revision 01, dated 
August 1, 2011.
    (ii) EMBRAER Service Bulletin 190-52-0038, Revision 01, dated 
August 1, 2011.
    (iii) EMBRAER Service Bulletin 190LIN-52-0020, dated August 1, 
2011.
    (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 November 29, 2012.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-29460 Filed 12-5-12; 8:45 am]
BILLING CODE 4910-13-P
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