[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Proposed Rules]
[Pages 25644-25646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10485]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0423; Directorate Identifier 2011-NM-095-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede two existing airworthiness directives 
(AD) that apply to all Empresa Brasileira de Aeronautica S.A. (EMBRAER) 
Model ERJ 170 and ERJ 190 airplanes. The existing ADs currently require 
revising the airplane flight manual (AFM) to introduce limitations for 
the use of auxiliary power unit (APU) bleed and to prohibit dispatch 
with a failed air management system (AMS) controller card. Since we 
issued those ADs, we have determined that replacing the controller 
processor modular cards of the AMS is necessary. This proposed AD would 
add a requirement for replacing the AMS controller processor module 
with one containing new software, and would require a new AFM revision. 
We are proposing this AD to prevent the possibility of a right-hand 
(RH) engine compressor stall after the APU becomes the active bleed 
source for the left side, which may result in an engine failure; and to 
prevent the intermittent communication failure between the AMS 
controller cards and both secondary power distribution assemblies 
(SPDAs), which could lead to the loss of automatic activation of the 
engine inlet ice protection system when flying in icing conditions, 
which could result in ice accretion in the engine inlet and subsequent 
dual engine failure.

DATES: We must receive comments on this proposed AD by June 15, 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-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 
Empresa Brasileira de Aeronautica S.A. (EMBRAER), 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 
[email protected]; 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, 
Washington. 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, Washington 98057-3356; phone: 425-227-
2768; fax: 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about

[[Page 25645]]

this proposed AD. Send your comments to an address listed under the 
ADDRESSES section. Include ``Docket No. FAA-2012-0423; Directorate 
Identifier 2011-NM-095-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

    On March 16, 2010, we issued AD 2010-07-04, Amendment 39-16248 (75 
FR 14333, March 25, 2010), and on August 13, 2010, we issued AD 2010-
18-01, Amendment 39-16414 (75 FR 52238, August 25, 2010). Those ADs 
required actions intended to address an unsafe condition on EMBRAER 
Model ERJ 170 and ERJ 190 airplanes.
    Since we issued AD 2010-07-04, Amendment 39-16248 (75 FR 14333, 
March 25, 2010) and AD 2010-18-01, Amendment 39-16414 (75 FR 52238, 
August 25, 2010), the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), which is the aviation authority for Brazil, has issued 
Brazilian ADs 2011-05-01 and 2011-05-02, both dated May 9, 2011 
(referred to after this as ``the MCAI''), to correct an unsafe 
condition for the specified products. The MCAI states:

    This [ANAC] AD results from the possibility of loss of automatic 
activation of the engine inlet ice protection system when flying in 
ice condition. Even though the failure is announced by the caution 
messages ``A-I Eng 1 Fail'' [and] ``A-I Eng 2 Fail'', if the engines 
inlet ice protection system is not manually activated, ice may 
accrete in the engine inlet and causes engine to shut down.
    Also there is the possibility of right hand (RH) engine 
compressor to stall after the Auxiliary Power Unit (APU) becomes the 
active bleed source for the left side, following left hand (LH) 
engine failure, under a condition where both engines are close to 
idle, the APU is running, and the APU bleed button is pushed in 
(automatic position).

    The required action includes replacing the AMS controller processor 
module with one containing new software and revising the Limitations 
section of the AFM. You may obtain further information by examining the 
MCAI in the AD docket.

Relevant Service Information

    EMBRAER has issued Service Bulletin 170-21-0049, dated November 29, 
2010 (for Model ERJ 170 airplanes); Service Bulletin 190-21-0035, dated 
November 29, 2010 (for Model ERJ 190 airplanes); and Service Bulletin 
190LIN-21-0016, dated February 23, 2011 (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.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD 
would affect about 253 products of U.S. registry.
    The actions that are required by AD 2010-07-04, Amendment 39-16248 
(75 FR 14333, March 25, 2010), and AD 2010-18-01, Amendment 39-16414 
(75 FR 52238, August 25, 2010), that are retained in this proposed AD 
take about 1 work-hour per product, at an average labor rate of $85 per 
work hour. Based on these figures, the estimated cost of the currently 
required actions is $85 per product.
    We estimate that it would take about 1 work-hour per product to 
comply with the new basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Required parts would cost about $35 
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 $30,360, or $120 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 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this 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 removing Amendment 39-16248 (75 FR 
14333, March 25, 2010) and

[[Page 25646]]

Amendment 39-16414 (75 FR 52238, August 25, 2010), and adding the 
following new AD:

Empresa Brasileira de Aeronautica S.A. (EMBRAER): Docket No. FAA-
2012-0423; Directorate Identifier 2011-NM-095-AD.

(a) Comments Due Date

    We must receive comments by June 15, 2012.

(b) Affected ADs

    This AD supersedes AD 2010-07-04, Amendment 39-16248 (75 FR 
14333, March 25, 2010); and AD 2010-18-01, Amendment 39-16414 (75 FR 
52238, August 25, 2010).

(c) Applicability

    This AD applies to Empresa Brasileira de Aeronautica S.A. 
(EMBRAER) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU 
airplanes; Model ERJ 170-200 LR, -200 SU, and -200 STD airplanes; 
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; all serial numbers.

(d) Subject

    Air Transport Association (ATA) of America Code 21: Air 
Conditioning.

(e) Reason

    This AD was prompted by reports of the possible loss of 
automatic activation of the engine inlet ice protection system. We 
are issuing this AD to prevent the possibility of a right-hand (RH) 
engine compressor stall after the auxiliary power unit (APU) becomes 
the active bleed source for the left side, which may result in an 
engine failure; and to prevent the intermittent communication 
failure between the air management system (AMS) controller cards and 
both secondary power distribution assemblies (SPDAs) which could 
lead to the loss of automatic activation of the engine inlet ice 
protection system when flying in icing conditions, which could 
result in ice accretion in the engine inlet and subsequent dual 
engine failure.

(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) Restatement of Requirements of AD 2010-07-04, Amendment 39-16248 
(75 FR 14333, March 25, 2010): Revise Limitations Section of Airplane 
Flight Manual (AFM)

    For airplanes equipped with AMS controller cards having part 
number (P/N) 1001050-1-YYY or 1001050-2-YYY containing software 
version Black Label 08 or lower installed: Within 10 days after 
April 9, 2010, (the effective date of AD 2010-07-04, Amendment 39-
16248 (75 FR 14333, March 25, 2010)), revise the Limitations section 
of the AFM to include the following statement. This may be done by 
inserting a copy of this AD in the AFM. Doing the actions required 
by paragraph (i) of this AD terminates the requirements of this 
paragraph.

    Dispatch with the message `RECIRC SMK DET FAIL' displayed on the 
ground is prohibited unless troubleshooting action confirms the 
message has not been triggered due to a failure of an AMS controller 
card.

    Note 1 to paragraph (g) of this AD:  When a statement identical 
to that in paragraph (g) of this AD has been included in the general 
revisions of the AFM, the general revisions may be inserted into the 
AFM, and the copy of this AD may be removed from the AFM.

(h) Restatement of Requirements of AD 2010-18-01, Amendment 39-16414 
(75 FR 52238, August 25, 2010): Revise Limitations Section of AFM

    For all airplanes: Within 14 days after September 9, 2010, (the 
effective date of AD 2010-18-01, Amendment 39-16414 (75 FR 52238, 
August 25, 2010)), revise the Limitations section of the applicable 
AFM to include the information in EMBRAER Operational Bulletin 170-
001/09, Revision 1, dated February 10, 2010, as specified in the 
operational bulletin. This operational bulletin introduces 
limitations for the use of APU bleed. Doing the actions required by 
paragraph (i) of this AD terminates the requirements of this 
paragraph.

    Note 2 to paragraph (h) of this AD:  This may be done by 
inserting a copy of EMBRAER Operational Bulletin 170-001/09, 
Revision 1, dated February 10, 2010, into the AFM. When this 
operational bulletin has been included in general revisions of the 
AFM, the general revisions may be inserted in the AFM, provided the 
relevant information in the general revision is identical to that in 
the operational bulletin, and the operational bulletin can be 
removed.

(i) New Requirement of This AD: Load Software or Replace AMS Controller 
Module

    Within 3,300 flight hours after the effective date of this AD: 
Replace existing Hamilton Sundstrand AMS controller processor 
modules (slots 18 and 25) P/N 1001050-1-YYY, 1001050-2-YYY, 1001050-
3-YYY, or 1001050-4-YYY, with a new or serviceable AMS controller 
processor module containing software version Black Label--11, or 
later approved version of the software, in accordance with the 
Accomplishment Instructions of EMBRAER Service Bulletin 170-21-0049, 
dated November 29, 2010 (for Model ERJ 170 airplanes); EMBRAER 
Service Bulletin 190-21-0035, dated November 29, 2010 (for Model ERJ 
190 airplanes); or EMBRAER Service Bulletin 190LIN-21-0016, dated 
February 23, 2011 (for Model ERJ 190-100 ECJ airplanes).

(j) Definition

    For purposes of this AD, ``later approved version of the 
software,'' is defined as software having Design Approval Holder 
(DAH) design changes that have been approved after the publication 
of EMBRAER Service Bulletin 170-21-0049, dated November 29, 2010 
(for Model ERJ 170 airplanes); EMBRAER Service Bulletin 190-21-0035, 
dated November 29, 2010 (for Model ERJ 190 airplanes); and EMBRAER 
Service Bulletin 190LIN-21-0016, dated February 23, 2011 (for Model 
ERJ 190-100 ECJ airplanes).

(k) New Requirement of This AD: Revise Limitations Section of AFM

    After doing the actions required by paragraph (i) of this AD, 
before further flight, revise the Limitation Section of the 
applicable AFM by removing the limitation required by paragraph (g) 
and the revision required by paragraph (h) of this AD.

(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: Cindy 
Ashforth, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
Washington 98057-3356; phone: 425-227-2768; fax: 425-227-1149. 
Information may be emailed to: [email protected]. 
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.

(m) Related Information

    Refer to MCAI Brazilian ADs 2011-05-01 and AD 2011-05-02, both 
dated May 9, 2011; and the service information specified in 
paragraphs (m)(1), (m)(2), and (m)(3) of this AD; for related 
information.
    (1) EMBRAER Service Bulletin 170-21-0049, dated November 29, 
2010.
    (2) EMBRAER Service Bulletin 190-21-0035, dated November 29, 
2010.
    (3) EMBRAER Service Bulletin 190LIN-21-0016, dated February 23, 
2011.

    Dated: Issued in Renton, Washington, on April 23, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-10485 Filed 4-30-12; 8:45 am]
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