[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Rules and Regulations]
[Pages 49702-49705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19396]


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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; 
Amendment 39-17156; AD 2012-16-09]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: We are superseding two existing airworthiness directives (AD) 
for all Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. Those 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. This new AD requires replacing the AMS controller 
processor module with one containing new software, and a new AFM 
revision. 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 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: This AD becomes effective September 21, 2012.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 21, 
2012.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD

[[Page 49703]]

as of September 9, 2010 (75 FR 52238, August 25, 2010).

ADDRESSES: You may examine the AD docket on the Internet at http://www.regulations.gov 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 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:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on May 1, 2012 (77 FR 
25644), and proposed to supersede 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 NPRM proposed to correct an unsafe 
condition for the specified products. The MCAI states:

    This [Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil 
(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 actions include 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.

Comments

    We gave the public the opportunity to participate in developing 
this AD. We considered the comment received. The Air Line Pilots 
Association, International (ALPA) stated that it fully supports the 
NPRM (77 FR 25644, May 1, 2012).

Explanation of Change Made to the AD

    We have revised this AD to identify the legal name of the 
manufacturer as published in the most recent type certificate data 
sheet for the affected airplane models.

Conclusion

    We reviewed the available data, considered the comment received, 
and determined that air safety and the public interest require adopting 
the AD with the change described previously--and minor editorial 
changes. We have determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (77 FR 25644, May 1, 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 25644, May 1, 2012).

Costs of Compliance

    We estimate that this AD will 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); and that are retained in this 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 will take about 1 work-hour per product to 
comply with the new basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will 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 this AD to the 
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 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.
    We prepared a regulatory evaluation of the estimated costs to 
comply with this AD and placed it in the AD docket.

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 the NPRM (77 FR 25644, May 1, 2012), 
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.

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:

[[Page 49704]]

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 removing airworthiness directive 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); and 
adding the following new AD:

2012-16-09 Embraer S.A.: Amendment 39-17156. Docket No. FAA-2012-
0423; Directorate Identifier 2011-NM-095-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
21, 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 Embraer S.A. 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) Retained Revision for Certain Airplanes

    This paragraph restates the requirements of paragraph (g) of AD 
2010-07-04, Amendment 39-16248 (75 FR 14333, March 25, 2010). 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), 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) Retained AFM Revision for All Airplanes

    This paragraph restates the requirements of paragraph (g) of AD 
2010-18-01, Amendment 39-16414 (75 FR 52238, August 25, 2010). For 
all airplanes: Within 14 days after September 9, 2010 (the effective 
date of AD 2010-18-01), 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 the 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 Limitations section of the 
applicable AFM by removing the limitation required by paragraph (g) 
of this AD 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), (m)(3) and (m)(4) of this AD, for related 
information.
    (1) EMBRAER Operational Bulletin 170-001/09, Revision 1, dated 
February 10, 2010.
    (2) Embraer Service Bulletin 170-21-0049, dated November 29, 
2010.
    (3) Embraer Service Bulletin 190-21-0035, dated November 29, 
2010.
    (4) Embraer Service Bulletin 190LIN-21-0016, dated February 23, 
2011.

(n) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this

[[Page 49705]]

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.
    (3) The following service information was approved for IBR on 
September 21, 2012.
    (i) Embraer Service Bulletin 170-21-0049, dated November 29, 
2010.
    (ii) Embraer Service Bulletin 190-21-0035, dated November 29, 
2010.
    (iii) Embraer Service Bulletin 190LIN-21-0016, dated February 
23, 2011.
    (4) The following service information was approved for IBR on 
September 9, 2010 (75 FR 52238, August 25, 2010).
    (i) EMBRAER Operational Bulletin 170-001/09, Revision 1, dated 
February 10, 2010.
    (ii) Reserved.
    (5) 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 [email protected]; Internet http://www.flyembraer.com.
    (6) You may review copies of the 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.
    (7) You may also review copies of the service information that 
is incorporated by reference at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at an NARA facility, call 202-741-6030, or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Issued in Renton, Washington, on July 31, 2012.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2012-19396 Filed 8-16-12; 8:45 am]
BILLING CODE 4910-13-P