[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Rules and Regulations]
[Pages 540-542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31450]


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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.

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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 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 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. 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 [email protected]; 
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 Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]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 re-packing 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

[[Page 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 Re-packing 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 re-packing 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 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 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

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:

2013-25-04 Embraer S.A.: Amendment 39-17700. Docket No. FAA-2012-
1108; Directorate Identifier 2011-NM-283-AD.

[[Page 542]]

(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 re-
packing 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: [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 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 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) 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 [email protected]; 
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/ibr-locations.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]
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