540 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

Issued in Renton, Washington, on 

December 20, 2013. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–31312 Filed 1–3–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1108; Directorate 

Identifier 2011–NM–283–AD; Amendment 

39–17700; AD 2013–25–04] 

RIN 2120–AA64 

Airworthiness Directives; Embraer S.A. 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Embraer S.A. Model ERJ 170 and ERJ 

190 airplanes. This AD was prompted 

by reports of failures of the emergency 

slide on the forward passenger door, 

which prevented the door from opening. 

This AD requires repetitive re-packing 

of certain forward door escape slides. 

We are issuing this AD to prevent 

failure of the emergency slide, which 

can prevent the forward passenger door 

from opening, and which could result in 

impeded emergency evacuation and 

possible subsequent injury to passengers 

and flightcrew. 

DATES: This AD becomes effective 

February 10, 2014. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of February 10, 2014. 

ADDRESSES: You may examine the AD 

docket on the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2012-1108; or in 

person at the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC. 

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 Sa ̃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 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. 

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: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to the specified products. The 

NPRM was published in the Federal 

Register on October 25, 2012 (77 FR 

65144). The NPRM proposed to correct 

an unsafe condition for the specified 

products. The Ageˆncia Nacional de 

Aviac ̧a ̃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 Mandatory Continuing 

Airworthiness Information, or ‘‘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 [part number] 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 repacking of certain forward door escape 

slides. You may examine the MCAI in 

the AD docket on the Internet at 

http://www.regulations.gov/

#!documentDetail;D=FAA-2012-1108- 

0002. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comments received. 

Request to Reference Newer Revisions 

of Service Information 

Embraer requested that paragraphs 

(h), (j)(1)(i), and (j)(1)(ii) of the NPRM 

(77 FR 65144, October 25, 2012) 

reference newer revisions of the 

maintenance review board reports. 

These new revisions are EMBRAER 170/ 

175 Maintenance Review Board Report, 

MRB–1621, Revision 8, dated August 

20, 2012; and EMBRAER 190/195 

Maintenance Review Board Report, 

MRB–1928, Revision 6, dated August 

20, 2012. 

We agree to revise paragraph (h) of 

this final rule to also reference the 

newer revisions. However, paragraphs 

(j)(1)(i) and (j)(1)(ii), along with 

paragraphs (j)(1)(iii), (j)(1)(iv), and (j)(2) 

of the NPRM (77 FR 65144, October 25, 

2012), were removed from this final rule 

and are identified in the Incorporation 

by Reference section (paragraph (k) of 

this final rule). 

Request To Add Alternative 

Maintenance Instructions for Model 

ERJ 190–100 ECJ Airplanes 

Embraer requested that the NPRM (77 

FR 65144, October 25, 2012) reference 

Task 25–65–01–001, Emergency 

Evacuation Slide Assembly, in 

EMBRAER Lineage 1000 Maintenance 

Planning Guide, MPG–2928, Revision 3, 

dated September 28, 2012 (for Model 

ERJ 190–100 ECJ airplanes), instead of 

Section 1, ‘‘System and Powerplant 

Maintenance Requirements,’’ of 

EMBRAER 190 Maintenance Review 

Board Report, MRB–1928, Revision 5, 

dated November 11, 2010. Task 25–65– 

01–001 of the EMBRAER 190/195 

Maintenance Review Board Report, 

MRB–1928, Revision 6, dated August 

20, 2012; and Task 25–65–01–001 of 

Section 1, ‘‘System and Powerplant 

Maintenance Requirements,’’ of 

EMBRAER 190 Maintenance Review 

Board Report, MRB–1928, Revision 5, 

dated November 11, 2010; are not 

applicable to the ERJ 190–100 ECJ 

model. 

We agree. Since operators of Model 

ERJ 190–100 ECJ airplanes are not able 

to comply with the requirements of this 

final rule using EMBRAER 190/195 

Maintenance Review Board Reports, we 

have added paragraph (h)(2) to this final 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 541 

rule to allow those operators to use the 

EMBRAER Lineage 1000 (ERJ 190–100 

ECJ) Maintenance Planning Guide 

instead. This change does not expand 

the scope of the NPRM (77 FR 65144, 

October 25, 2012). 

Request To Extend Repetitive Repacking Interval 

US Airways requested that the 

repetitive re-packing interval in its 

current slide maintenance program be 

left at 36 months instead changing it to 

the 18 months proposed in the NPRM 

(77 FR 65144, October 25, 2012). US 

Airways suggested a one-time re-pack 

interval of 18 months and a repetitive 

re-pack interval of 36 months; 

otherwise, the reduced interval would 

add extensive work-hours and cost to 

change to and maintain an 18-month 

repetitive re-pack interval. 

We disagree with the requested 

change. To allow a 36-month repetitive 

re-pack interval instead of an 18-month 

re-pack interval would defeat/

counteract the intent of this AD. Over 

time, the slide can develop a ‘‘set’’ 

position, which prevents the slide from 

properly deploying in an emergency. 

Re-packing at the reduced interval of 18 

months is intended to prevent the ‘‘set’’ 

and improves reliability of the slide in 

an emergency. We have not changed 

this final rule in this regard. 

Request To Allow Credit for Previously 

Re-packed Slides 

US Airways requested a time 

allowance for slides that have been 

previously re-packed using the 

Goodrich service information. US 

Airways stated that regardless if its 

slides have been re-packed, the 18- 

month requirement is enforced. US 

Airways requested that those slides that 

have been previously re-packed using 

the applicable Goodrich service 

information be exempt from the 18- 

month re-packing requirement and be 

allowed to enter the repetitive 

maintenance schedule at the 36-month 

overhaul interval. 

We disagree. As explained in the 

comment response to ‘‘Request to 

Extend Repetitive Re-packing Interval,’’ 

the intent of this AD is to prevent ‘‘set’’ 

by re-packing the slide at 18-month 

intervals instead of only at the 36-month 

maintenance overhaul. Paragraphs (g) 

and (h) of this AD specify that repacking must be done at least every 18 

months, but accomplishing an overhaul 

instead is also acceptable since the 

overhaul process includes re-packing 

the slide. An operator could choose to 

re-pack the slide at 18 months, overhaul 

the slide at 36 months, re-pack at 54 

months, overhaul at 72 months, and so 

on. However, operators should note that 

once the slide is 15 years old, the task 

specified in paragraph (h) of this final 

rule currently requires that the slides be 

overhauled at intervals not to exceed 12 

months. We have not changed this final 

rule in this regard. 

Conclusion 

We reviewed the available data, 

including the comments received, and 

determined that air safety and the 

public interest require adopting this AD 

with the changes described previously 

and minor editorial changes. We have 

determined that these changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

65144, October 25, 2012) for correcting 

the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 65144, 

October 25, 2012). 

Costs of Compliance 

We estimate that this AD affects 235 

products of U.S. registry. We also 

estimate that it will take about 2 workhours per product to comply with the 

basic requirements of this AD. The 

average labor rate is $85 per work-hour. 

Required parts will 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 

this AD to 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 AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

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 that this AD: 

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. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://

www.regulations.gov/

#!docketDetail;D=FAA-2012-1108; 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 

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. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

2013–25–04 Embraer S.A.: Amendment 39– 

17700. Docket No. FAA–2012–1108; 

Directorate Identifier 2011–NM–283–AD. 


sroberts on DSK5SPTVN1PROD with RULES
542 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Rules and Regulations 

(a) Effective Date 

This airworthiness directive (AD) becomes 

effective February 10, 2014. 

(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, 

which can prevent the forward passenger 

door from opening, and 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 repacking 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 

the applicable maintenance document 

identified in paragraphs (h)(1), (h)(2), and 

(h)(3) of this AD, is acceptable for 

compliance with any re-pack required by 

paragraph (g) of this AD. 

(1) For Model ERJ 170 airplanes: 

EMBRAER 170/175 Maintenance Review 

Board Report, MRB–1621, Revision 8, dated 

August 20, 2012; or Section 1, ‘‘System and 

Powerplant Maintenance Requirements,’’ of 

EMBRAER 170 Maintenance Review Board 

Report, MRB–1621, Revision 7, dated 

November 11, 2010. 

(2) For Model ERJ 190–100 ECJ airplanes: 

EMBRAER Lineage 1000 Maintenance 

Planning Guide, MPG–2928, Revision 3, 

dated September 28, 2012. 

(3) For Model ERJ 190–100 STD, –100 LR, 

and –100 IGW airplanes; and Model ERJ 190– 

200 STD, –200 LR, and –200 IGW airplanes: 

EMBRAER 190/195 Maintenance Review 

Board Report, MRB–1928, Revision 6, dated 

August 20, 2012; or Section 1, ‘‘System and 

Powerplant Maintenance Requirements,’’ of 

EMBRAER 190 Maintenance Review Board 

Report, MRB–1928, Revision 5, dated 

November 11, 2010. 

(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 

Refer to Mandatory Continuing 

Airworthiness Information (MCAI) Brazilian 

Airworthiness Directives 2011–12–01 and 

2011–12–02, both effective December 27, 

2011, for related information. The MCAI can 

be found in the AD docket on the Internet at 

http://www.regulations.gov/

#!documentDetail;D=FAA-2012-1108-0002. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Goodrich Alert Service Bulletin 104003– 

25A403, dated June 30, 2011. 

(ii) Goodrich Alert Service Bulletin 

4A4030–25A402, dated June 30, 2011. 

(iii) Task 25–65–01–001, ‘‘Emergency 

Evacuation Slide Assembly,’’ of Section 1, 

‘‘System and Powerplant Maintenance 

Requirements,’’ of EMBRAER 170 

Maintenance Review Board Report, MRB– 

1621, Revision 7, dated November 11, 2010. 

(iv) Task 25–65–01–001, ‘‘Emergency 

Evacuation Slide Assembly,’’ of EMBRAER 

170/175 Maintenance Review Board Report, 

MRB–1621, Revision 8, dated August 20, 

2012. 

(v) Task 25–65–01–001, ‘‘Emergency 

Evacuation Slide Assembly,’’ of Section 1, 

‘‘System and Powerplant Maintenance 

Requirements,’’ of EMBRAER 190 

Maintenance Review Board Report, MRB– 

1928, Revision 5, dated November 11, 2010. 

(vi) Task 25–65–01–001, ‘‘Emergency 

Evacuation Slide Assembly,’’ of EMBRAER 

190/195 Maintenance Review Board Report, 

MRB–1928, Revision 6, dated August 20, 

2012. 

(vii) Task 25–65–01–001, ‘‘Emergency 

Evacuation Slide Assembly,’’ of EMBRAER 

Lineage 1000 Maintenance Planning Guide, 

MPG–2928, Revision 3, dated September 28, 

2012. 

(3) 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 Sa ̃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. 

(4) 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. 

(5) 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. 

(6) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

December 4, 2013. 

John P. Piccola, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–31450 Filed 1–3–14; 8:45 am] 

BILLING CODE 4910–13–P 


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