[Federal Register Volume 78, Number 164 (Friday, August 23, 2013)]
[Rules and Regulations]
[Pages 52416-52419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19463]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0092; Directorate Identifier 2012-NM-067-AD; 
Amendment 39-17560; AD 2013-16-22]
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 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 chafing between the auxiliary power unit (APU) electronic 
starter controller (ESC) power cables and the airplane tail cone 
firewall. This AD requires a detailed inspection for damage to the 
insulation and inner conductors of the APU ESC power cables, installing 
a new grommet support in the tail cone firewall, and corrective actions 
if necessary. We are issuing this AD to detect and correct damage to 
the APU ESC power cable harness, which if not corrected, could result 
in reduced structural integrity of the fuselage and empennage in the 
event of fire penetration through the firewall.

DATES: This AD becomes effective September 27, 2013.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of September 27, 
2013.

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, 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 to include an AD that would apply to the specified products. 
That NPRM was published in the Federal Register on February 22, 2013 
(78 FR

[[Page 52417]]

12256). That NPRM proposed to correct an unsafe condition for the 
specified products. The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o 
Civil (ANAC), which is the airworthiness authority for Brazil, has 
issued Brazilian Airworthiness Directives 2012-03-03 and 2012-03-04, 
both effective April 13, 2012 (referred to after this as the Mandatory 
Continuing Airworthiness Information, or ``the MCAI''), to correct an 
unsafe condition for the specified products. The MCAI states:

    It has been found the occurrences of chafing between the 
Auxiliary Power Unit (APU) Electronic Starter Controller (ESC) power 
cables (harness W205) and the airplane tail cone firewall due to the 
grommet installed in the tail cone firewall moves out of its place. 
This condition, if not corrected, may result in reduced structural 
integrity of the fuselage and empennage in an event of fire 
penetration through the firewall. * * *

    The required actions include a detailed inspection for damage to 
the harness insulation and inner conductors of the APU ESC power 
cables, installing a new grommet support in the tail cone firewall, and 
corrective actions if necessary. Corrective actions include repairing 
the harness W205 insulation or replacing the harness W205 of the APU 
ESC power cables with a new harness. 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 have considered the comments received.

Request To Add Credit for Actions Accomplished in Accordance With 
Previous Service Information

    Embraer S.A. requested that we revise the NPRM (78 FR 12256, 
February 22, 2013) to allow credit for work done prior to the effective 
date of the proposed AD using Embraer Service Bulletin 170-53-0093, 
dated February 28, 2011; Embraer Service Bulletin 190-53-0054, dated 
February 28, 2011; or Embraer Service Bulletin 190LIN-53-0059, dated 
March 29, 2011; which are now all at Revision 01, dated March 16, 2012. 
Embraer notes that the instructions contained in the original issue of 
the service information combined with the instructions Embraer has 
provided to operators on a case-by-case basis are equivalent.
    We disagree with the commenter's request because the FAA has no 
familiarity with the individual repair or replacement instructions 
provided by Embraer to each operator and cannot evaluate them for 
equivalence to the instructions in the required service information. 
The MCAI also does not allow credit for work performed using previous 
versions of the service information. Operators may apply for an 
alternative method of compliance (AMOC) for these actions in accordance 
with the provisions of paragraph (i)(1) of this AD. We have not changed 
the AD in this regard.

Explanation of Additional Changes Made to This AD

    We have revised the wording of paragraph (g) of this AD, which 
previously required a detailed visual inspection instead of a detailed 
inspection. We have also added paragraph (h) of this AD, which includes 
the definition of a detailed inspection.

Conclusion

    We reviewed the available data, including the comment received, and 
determined that air safety and the public interest require adopting 
this AD as proposed--except for minor editorial changes. We have 
determined that these minor changes:
     Are consistent with the intent that was proposed in the 
NPRM (78 FR 12256, February 22, 2013) for correcting the unsafe 
condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM (78 FR 12256, February 22, 2013).

Costs of Compliance

    We estimate that this AD will affect 253 products of U.S. registry. 
We also estimate that it will take about 15 work-hours per product to 
comply with the basic requirements of this AD. The average labor rate 
is $85 per work-hour. Required parts will 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 this AD to the U.S. operators 
to be $322,575, or $1,275 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 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:

[[Page 52418]]

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 AD:

2013-16-22 Embraer S.A: Amendment 39-17560. Docket No. FAA-2013-
0092; Directorate Identifier 2012-NM-067-AD.

(a) Effective Date

    This airworthiness directive (AD) becomes effective September 
27, 2013.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplane models 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 170-53-0093, Revision 01, dated March 16, 2012.
    (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 190-53-0054, Revision 01, dated March 16, 2012; and 
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March 
16, 2012.

(d) Subject

    Air Transport Association (ATA) of America Code 53, Fuselage.

 (e) Reason

    This AD was prompted by reports of chafing between the auxiliary 
power unit (APU) electronic starter controller (ESC) power cables 
and the airplane tail cone firewall. We are issuing this AD to 
detect and correct damage to the APU ESC power cable harness, which 
could result in reduced structural integrity of the fuselage and 
empennage in the event of fire penetration through the firewall.

(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) Detailed Inspection, Installation, and Corrective Actions

    Within 3,000 flight hours or 18 months after the effective date 
of this AD, whichever occurs first: Do a detailed inspection for 
damage to the insulation and inner conductors of the APU ESC power 
cables (harness W205), in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 170-53-0093, Revision 01, 
dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service 
Bulletin 190-53-0054, Revision 01, dated March 16, 2012 (for Model 
ERJ 190 airplanes except for Model ERJ 190-100 ECJ airplanes); and 
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March 
16, 2012 (for Model ERJ 190-100 ECJ airplanes).
    (1) If no damage is found, before further flight, install a new 
grommet support having part number (P/N) 191-21716-003 in the tail 
cone firewall, in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 170-53-0093, Revision 01, dated March 16, 
2012 (for Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-
0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes 
except for Model ERJ 190-100 ECJ airplanes); or Embraer Service 
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for 
Model ERJ 190-100 ECJ airplanes).
    (2) If any damage is found during any inspection required in 
paragraph (g) of this AD that affects only the insulation of harness 
W205 of the APU ESC power cables: Before further flight, repair the 
insulation and install a new grommet support having P/N 191-21716-
003 in the tail cone firewall, in accordance with the Accomplishment 
Instructions of Embraer Service Bulletin 170-53-0093, Revision 01, 
dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service 
Bulletin 190-53-0054, Revision 01, dated March 16, 2012 (for Model 
ERJ 190 airplanes except for Model ERJ 190-100 ECJ airplanes); or 
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March 
16, 2012 (for Model ERJ 190-100 ECJ airplanes).
    (3) If any damage is found during any inspection required in 
paragraph (g) of this AD that affects the insulation of harness W205 
of the APU ESC power cables and the inner conductors: Before further 
flight, replace the harness with a new harness and install a new 
grommet support having P/N 191-21716-003 in the tail cone firewall, 
in accordance with the Accomplishment Instructions of Embraer 
Service Bulletin 170-53-0093, Revision 01, dated March 16, 2012 (for 
Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-0054, 
Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes 
except for Model ERJ 190-100 ECJ airplanes); or Embraer Service 
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for 
Model ERJ 190-100 ECJ airplanes).

(h) Definition of Detailed Inspection

    For the purpose of this AD, a detailed inspection is: An 
intensive examination of a specific item, installation or assembly 
to detect damage, failure or irregularity. Available lighting is 
normally supplemented with a direct source of good lighting at an 
intensity deemed appropriate. Inspection aids such as mirrors, 
magnifying lenses, etc., may be necessary. Surface cleaning and 
elaborate access procedures may be required.

(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: [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.

(j) Related Information

    Refer to Mandatory Continuing Airworthiness Information (MCAI) 
Brazilian Airworthiness Directives 2012-03-03 and 2012-03-04, both 
effective April 13, 2012, for related information. This MCAI may be 
found in the AD docket on the Internet at http://www.regulations.gov.

(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) Embraer Service Bulletin 170-53-0093, Revision 01, dated 
March 16, 2012.
    (ii) Embraer Service Bulletin 190-53-0054, Revision 01, dated 
March 16, 2012.
    (iii) Embraer Service Bulletin 190LIN-53-0059, Revision 01, 
dated March 16, 2012.
    (3) 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.
    (4) 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.
    (5) 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

[[Page 52419]]

202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on August 2, 2013.
Jeffrey E. Duven,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2013-19463 Filed 8-22-13; 8:45 am]
BILLING CODE 4910-13-P