```

[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Proposed Rules]
[Pages 74720-74722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30224]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-6542; Directorate Identifier 2015-NM-038-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 adopt a new airworthiness directive (AD) for all 
Embraer S.A. Model ERJ 170 airplanes; and all Embraer S.A. Model ERJ 
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes. This proposed AD was prompted by reports of cracks in 
certain engine low-stage bleed check valves. This proposed AD would 
require replacing the air management system (AMS) controller operation 
program of the AMS controller processor boards, and replacement of the 
current low-stage bleed check valve and associated seals. We are 
proposing this AD to prevent failure of the low-stage bleed check 
valve, which could result in dual engine in-flight shutdown.

DATES: We must receive comments on this proposed AD by January 14, 
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 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-2015-
6542; or in person at the Docket Management Facility 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: Ana Martinez Hueto, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1622; 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-2015-6542; 
Directorate Identifier 2015-NM-038-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 Directive 2015-02-02, dated March 6, 2015 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for Embraer S.A. Model 
ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes. The MCAI states:

[[Page 74721]]

    This [Brazilian] AD was prompted by reports of cracks in some 
engine low-stage bleed check valves having part number (P[/]N) 
1001447-6. Further analysis has determined that if a new (zero hour) 
low-stage bleed check valve P/N 1001447-6 is installed in an 
airplane already equipped with the Air Management System (AMS) 
controller processor boards containing the AMS Controller 
Operational Program version Black Label 13, or a later version, 
premature cracking on the petals of the low-stage bleed check valve 
is not expected to occur. We are issuing this [Brazilian] AD to 
prevent the possibility of a dual engine in-flight shutdown due to 
low-stage bleed check valve failure.

    The required action is replacement of the AMS controller operation 
program of the AMS controller processor boards, and replacement of the 
low-stage bleed check valves and associated seals. You may examine the 
MCAI in the AD docket on the Internet at http://www.regulations.gov by 
searching for and locating Docket No. FAA-2015-6542.

Related Service Information Under 1 CFR Part 51

    Embraer has issued Service Bulletin 190-36-0023, Revision 03, dated 
September 24, 2014, which describes procedures for replacing the engine 
low-stage bleed check valves. Embraer has also issued Service Bulletin 
190-21-0041, Revision 02, dated July 30, 2013, which describe 
procedures for replacing the AMS controller operation program of the 
AMS controller processor boards. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section of this NPRM.

Differences Between the MCAI and This Proposed AD

    The applicability of paragraph (g) of this proposed AD is limited 
to airplanes identified in Embraer Service Bulletin 190-21-0041, 
Revision 02, dated July 30, 2013. The MCAI did not include this 
limitation. We have included this limitation because Model ERJ 190 
airplanes with serial number (S/N) 19000587, S/N 19000589, S/N 19000593 
and subsequent have a modification incorporated at the factory 
equivalent to the modification required by this AD.
    Also, this proposed AD includes all 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, because of an additional proposed 
requirement in paragraph (j)(1) of this AD, which is related to 
installation of used low-stage bleed check valves having P/N 001447-6 
on Model ERJ 170 airplanes. ANAC is considering future rulemaking to 
include a similar requirement.

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

    We estimate that this proposed AD affects 197 airplanes of U.S. 
registry.
    We also estimate that it would take about 4 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 $638 
per product. Based on these figures, we estimate the cost of this 
proposed AD on U.S. operators to be $192,666, or $978 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.

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 airworthiness 
directive (AD):

Embraer S.A.: Docket No. FAA-2015-6542; Directorate Identifier 2015-
NM-038-AD.

(a) Comments Due Date

    We must receive comments by January 14, 2016.

(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) All 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.
    (2) All Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -
200 STD, -200 LR, and -200 IGW airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by reports of cracks in certain engine low-
stage bleed check valves. We are issuing this AD to prevent failure 
of the low-stage bleed check valve, which could result in dual 
engine in-flight shutdown.

[[Page 74722]]

(f) Compliance

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

(g) Modification

    For Embraer S.A. Model ERJ 190 airplanes identified in Embraer 
Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013, 
within 3 months after the effective date of this AD, replace the 
Hamilton Sundstrand air management system (AMS) controller operation 
program of the AMS controller processor boards, as specified in 
paragraph (g)(1) or (g)(2) of this AD.
    (1) Replace with a new, improved program, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 190-21-0041, 
Revision 02, dated July 30, 2013.
    (2) Replace with a version of the Hamilton Sundstrand AMS 
controller operation program approved after August 31, 2012, using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee.

(h) Valve Replacement

    For Embraer S.A. Model ERJ 190 airplanes identified in Embraer 
Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013, 
within 3 months after the effective date of this AD, and after 
accomplishment of the actions required by paragraph (g) of this AD: 
Replace the check valve and associated seals of the left-hand and 
right-hand engine bleed system with a check valve identified in 
paragraph (i) of this AD, and new seals, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 190-36-0023, 
Revision 03, dated September 24, 2014.

(i) Allowed Valves

    When complying with paragraph (h) of this AD, the low-stage 
bleed check valves having P/N 1001447-6, and associated seals, are 
replaced with new ones (zero-hour). Low-stage bleed check valves 
having P/N 1001447-6 that can be demonstrated with logged hours only 
on ERJ-170 aircraft and/or on ERJ-190 aircraft equipped with the AMS 
Controller Operational Program version Black Label 13, or a later 
version, can be used instead of new ones (zero-hour).

(j) Parts Installation Limitation

    (1) For Model ERJ 170-100 STD, -100 LR, -100SU, -100SE, -200 
STD, -200 LR, and -200 SU airplanes: No person may install on any 
airplane a low-stage bleed check valve having P/N 1001447-6 that was 
installed on any Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, 
-200 LR, or -200 IGW airplane, any serial number except 190-00587, 
190-00589, and 190-00593 and subsequent, prior to accomplishment of 
paragraph (g) of this AD.
    (2) For Model ERJ 190-100 STD, -100 LR, -100IGW, -200 STD, -200 
LR, and -200 IGW airplanes: No person may install on any airplane on 
which the actions of paragraph (g) of this AD have been done, a low-
stage bleed check valve having P/N 1001447-6 that was previously 
installed on any Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, 
-200 LR, or -200 IGW airplane, any serial number except 190-00587, 
190-00589, 190-00593 and subsequent, prior to accomplishment of 
paragraph (g) of this AD.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the service information identified 
in paragraph (k)(1)(i) or (k)(1)(ii) of this AD. This service 
information is not incorporated by reference in this AD.
    (i) Embraer Service Bulletin 190-21-0041, dated September 27, 
2012.
    (ii) Embraer Service Bulletin 190-21-0041, Revision 01, dated 
December 20, 2012.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using the service information identified 
in paragraph (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD. This 
service information is not incorporated by reference in this AD.
    (i) Embraer Service Bulletin 190-36-0023, dated July 22, 2013.
    (ii) Embraer Service Bulletin 190-36-0023, Revision 01, dated 
September 3, 2013.
    (iii) Embraer Service Bulletin 190-36-0023, Revision 02, dated 
April 30, 2014.

(l) 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: Ana Martinez 
Hueto, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1622; 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or ANAC; or 
ANAC's authorized Designee. If approved by the ANAC Designee, the 
approval must include the Designee's authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2015-02-02, dated March 6, 
2015, 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-2015-6542.
    (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 November 20, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-30224 Filed 11-27-15; 8:45 am]
 BILLING CODE 4910-13-P
```