[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40480-40483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14305]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-6542; Directorate Identifier 2015-NM-038-AD; 
Amendment 39-18563; AD 2016-12-14]
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 all 
Embraer S.A. Model ERJ 170 airplanes; and all Embraer S.A. Model ERJ 
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes. This AD was prompted by reports of cracks in certain engine 
low-stage bleed check valves. This AD requires replacing the air 
management system (AMS) controller operation program of the AMS 
controller processor boards, and replacing the current low-stage bleed 
check valve and associated seals. We are issuing this AD to prevent 
failure of the low-stage bleed check valve; simultaneous failures of 
both low-stage bleed check valves could result in a dual engine in-
flight shutdown.

DATES: This AD is effective July 27, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 27, 
2016.

ADDRESSES: For service information identified in this final rule, 
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. 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
6542.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
6542; 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 Office (telephone 
800-647-5527) is Docket Management Facility, U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Ana Martinez Hueto, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1622; 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 all Embraer S.A. Model ERJ 
170 airplanes; and all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -
100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. The NPRM published 
in the Federal Register on November 30, 2015 (80 FR 74720) (``the 
NPRM'').
    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2015-02-02, effective March 6, 2015 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Embraer S.A. 
Model ERJ 170 airplanes; and all Embraer S.A. Model ERJ 190-100 STD, -
100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. The MCAI 
states:

    This [Brazilian] AD was prompted by reports of cracks in some 
engine low-stage bleed check valves having part number (P[/]N) 
1001447-6. Further analysis has determined that if a new (zero hour) 
low-stage bleed check valve P/N 1001447-6 is installed in an 
airplane already equipped with the Air Management System (AMS) 
controller processor boards containing the AMS Controller 
Operational Program version Black Label 13, or a later version, 
premature cracking on the petals of the low-stage bleed check valve 
is not expected to occur. We are issuing this [Brazilian] AD to 
prevent the possibility of a dual engine in-flight shutdown due to 
low-stage bleed check valve failure.

    The unsafe condition is failure of the low-stage bleed check valve; 
simultaneous failures of both low-stage bleed check valves could result 
in a dual engine in-flight shutdown. The required action is replacement 
of the AMS controller operation program of the AMS controller processor 
boards, and replacement of the low-stage bleed check valves and 
associated seals. You may examine the MCAI in the AD docket on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2015-6542.

Comments

    We gave the public the opportunity to participate in developing 
this AD. The following presents the comments received on the NPRM and 
the FAA's response to each comment.

Request To Authorize Operators To Install Used Overhauled Valves

    An anonymous commenter requested that we revise the NPRM to 
authorize operators to install used valves that have been overhauled by 
the manufacturer or other authorized 14 CFR part 145 repair station. 
The commenter stated that the historical service records required to 
determine the serviceability of used valves installed on airplanes are 
not required by 14 CFR 91.417 and are generally not available. 
According to the commenter, this limits the ability of operators of 
Embraer Model ERJ 170 airplanes to adequately determine the service 
history of valves that were previously installed on Embraer Model ERJ 
190 airplanes, and whether the installation of a used valve will meet 
compliance with the

[[Page 40481]]

requirements of paragraph (j)(1) of the proposed AD.
    We disagree to revise this AD to authorize operators to install 
used valves that have been overhauled. A valve that has been used on a 
Model ERJ 190 airplane without the AMS controller operational program 
version Black Label 13 or later version has been subjected to hydraulic 
pressures above the valve's structural limits. The damage to the valve 
could be undetectable, and the valve can therefore experience premature 
cracking. However, as is stated in paragraph (i) of this AD, low-stage 
bleed check valves having P/N 1001447-6 that can be demonstrated with 
logged hours only on Model ERJ-170 airplanes and/or on Model ERJ-190 
airplanes equipped with the AMS controller operational program version 
Black Label 13, or a later version, can be used instead of new ones 
(zero-hour). We have made no changes to this AD in this regard.

Request To Revise Wording of the Unsafe Condition

    Embraer requested that we revise the unsafe condition in the NPRM 
to indicate that a single valve failure cannot result in a dual engine 
failure. Embraer stated that a dual engine failure can occur only in 
the event of simultaneous failures of both valves on both engines on 
the same flight.
    For the reasons stated by Embraer, we agree to include the 
requested phrasing in all appropriate locations in this final rule.

Request To Revise the Applicability

    United Technologies Aerospace Systems (UTAS) requested that we 
revise the applicability of the NPRM to include Model ERJ ``195 
airplanes'' and limit the applicability for Model ERJ 170 airplanes 
(including Model ERJ ``175 airplanes'') to those ``requiring 
replacement check valves.''
    We disagree to revise the applicability of this AD. There is a 
difference between the commercial designation and the model designation 
on the type certificate data sheet (TCDS): ``ERJ 175'' is the 
commercial designation of Model ERJ 170-200 airplanes on the TCDS, and 
``ERJ 195'' is the commercial designation of Model ERJ 190-200 
airplanes on the TCDS. We use the model designation on the TCDS to 
define the applicability of ADs.
    Although this AD is applicable to Model ERJ 190 and Model ERJ 170 
airplanes, the only requirement for Model ERJ 170 airplanes is included 
in paragraph (j)(1) of this AD, which is related to installation of 
used low-stage bleed check valves having P/N 1001447-6 on Model ERJ 170 
airplanes. As noted in the NPRM, ANAC is considering future rulemaking 
to include a similar requirement. We have made no changes to this AD in 
this regard.

Request To Clarify the Reason for the NPRM

    UTAS requested that we revise paragraph (e), ``Reason,'' of the 
proposed AD to specify that cracks were found only on check valve P/N 
1001447-6 on Model ERJ 190 airplanes.
    Although we agree that cracks may have been found only on check 
valve P/N 1001447-6 on Model ERJ 190 airplanes, we disagree to revise 
paragraph (e), ``Reason,'' of this AD. The unsafe condition of this AD 
is not limited to Model ERJ 190 airplanes since the check valves may 
also be installed on Model ERJ 170 airplanes. We have made no changes 
to this AD in this regard.

Conclusion

    We reviewed the relevant data, considered 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 minor changes:
     Are consistent with the intent that was proposed in the 
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Embraer has issued Service Bulletin 190-36-0023, Revision 03, dated 
September 24, 2014; and Service Bulletin 190-21-0041, Revision 02, 
dated July 30, 2013. The service information describes procedures for 
replacing the engine low-stage bleed check valves. Embraer Service 
Bulletin 190-21-0041, Revision 02, dated July 30, 2013, also describes 
procedures for replacing the AMS controller operation program of the 
AMS controller processor boards. This service information is reasonably 
available because the interested parties have access to it through 
their normal course of business or by the means identified in the 
ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 197 airplanes of U.S. registry.
    We also estimate that it will take about 4 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 $638 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $192,666, or $978 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.

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,

[[Page 40482]]

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 airworthiness 
directive (AD):

2016-12-14 Embraer S.A.: Amendment 39-18563. Docket No. FAA-2015-
6542; Directorate Identifier 2015-NM-038-AD.

(a) Effective Date

    This AD is effective July 27, 2016.

(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) All 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.
    (2) All Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -
200 STD, -200 LR, and -200 IGW airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by reports of cracks in certain engine low-
stage bleed check valves. We are issuing this AD to prevent failure 
of the low-stage bleed check valve; simultaneous failures of both 
low-stage bleed check valves could result in a dual engine in-flight 
shutdown.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Modification

    For Embraer S.A. Model ERJ 190 airplanes identified in Embraer 
Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013: 
Within 3 months after the effective date of this AD, replace the 
Hamilton Sundstrand air management system (AMS) controller operation 
program of the AMS controller processor boards, as specified in 
paragraph (g)(1) or (g)(2) of this AD.
    (1) Replace with a new, improved program, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 190-21-0041, 
Revision 02, dated July 30, 2013.
    (2) Replace with a version of the Hamilton Sundstrand AMS 
controller operation program approved after August 31, 2012, using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee.

(h) Valve Replacement

    For Embraer S.A. Model ERJ 190 airplanes identified in Embraer 
Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013: 
Within 3 months after the effective date of this AD, and after 
accomplishment of the actions required by paragraph (g) of this AD, 
replace the check valve and associated seals of the left-hand and 
right-hand engine bleed system with a check valve identified in 
paragraph (i) of this AD, and new seals, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 190-36-0023, 
Revision 03, dated September 24, 2014.

(i) Allowed Valves

    When complying with paragraph (h) of this AD, the low-stage 
bleed check valves having P/N 1001447-6, and associated seals, are 
replaced with new ones (zero-hour). Low-stage bleed check valves 
having P/N 1001447-6 that can be demonstrated with logged hours only 
on Model ERJ 170 airplanes and/or on Model ERJ 190 airplanes 
equipped with the AMS controller operational program version Black 
Label 13, or a later version, can be used instead of new ones (zero-
hour).

(j) Parts Installation Limitation

    (1) For Model ERJ 170-100 STD, -100 LR, -100SU, -100SE, -200 
STD, -200 LR, and -200 SU airplanes: No person may install on any 
airplane a low-stage bleed check valve having P/N 1001447-6 that was 
installed on any Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, 
-200 LR, or -200 IGW airplane, any serial number except 190-00587, 
190-00589, and 190-00593 and subsequent, prior to accomplishment of 
the requirements of paragraph (g) of this AD.
    (2) For Model ERJ 190-100 STD, -100 LR, -100IGW, -200 STD, -200 
LR, and -200 IGW airplanes: No person may install on any airplane on 
which the actions of paragraph (g) of this AD have been done, a low-
stage bleed check valve having P/N 1001447-6 that was previously 
installed on any Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, 
-200 LR, or -200 IGW airplane, any serial number except 190-00587, 
190-00589, 190-00593 and subsequent, prior to accomplishment of the 
requirements of paragraph (g) of this AD.

(k) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by 
paragraph (g) of this AD, if those actions were performed before the 
effective date of this AD using the service information identified 
in paragraph (k)(1)(i) or (k)(1)(ii) of this AD. This service 
information is not incorporated by reference in this AD.
    (i) Embraer Service Bulletin 190-21-0041, dated September 27, 
2012.
    (ii) Embraer Service Bulletin 190-21-0041, Revision 01, dated 
December 20, 2012.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using the service information identified 
in paragraph (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD. This 
service information is not incorporated by reference in this AD.
    (i) Embraer Service Bulletin 190-36-0023, dated July 22, 2013.
    (ii) Embraer Service Bulletin 190-36-0023, Revision 01, dated 
September 3, 2013.
    (iii) Embraer Service Bulletin 190-36-0023, Revision 02, dated 
April 30, 2014.

(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: Ana Martinez 
Hueto, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1622; 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) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or ANAC; or 
ANAC's authorized Designee. If approved by the ANAC Designee, the 
approval must include the Designee's authorized signature.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2015-02-02, effective March 
6, 2015, for related information. This MCAI may be found in the AD 
docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-6542.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(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 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 this AD specifies otherwise.
    (i) Embraer Service Bulletin 190-21-0041, Revision 02, dated 
July 30, 2013.
    (ii) Embraer Service Bulletin 190-36-0023, Revision 03, dated 
September 24, 2014.
    (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

[[Page 40483]]

12 3927-5852 or +55 12 3309-0732; fax +55 12 3927-7546; email 
[email protected]; Internet http://www.flyembraer.com.
    (4) 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.
    (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 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on June 8, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-14305 Filed 6-21-16; 8:45 am]
 BILLING CODE 4910-13-P