[Federal Register Volume 82, Number 75 (Thursday, April 20, 2017)]
[Proposed Rules]
[Pages 18590-18593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07748]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2017-0250; Directorate Identifier 2016-NM-158-AD]
RIN 2120-AA64


Airworthiness Directives; Empresa Brasileira de Aeronautica S.A. 
(Embraer)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for all 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. This proposed AD was prompted by a report of 
airplanes with modified gust lock levers that prevented the thrust 
lever's full excursion, thus limiting the engine power. This proposed 
AD would require replacing a certain gust lock lever. We are proposing 
this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 5, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Empresa 
Brasileira de Aeronautica S.A. (Embraer), Technical Publications 
Section (PC

[[Page 18591]]

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.

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-2017-
0250; 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 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under the ADDRESSES section. Include ``Docket No. FAA-2017-0250; 
Directorate Identifier 2016-NM-158-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

    The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC), 
which is the aviation authority for Brazil, has issued Brazilian 
Airworthiness Directive 2016-07-01, dated July 18, 2016 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Empresa 
Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -135KE, -
135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP 
airplanes. The MCAI states:

    ANAC was informed about occurrences in which airplanes that 
incorporated SB 145-27-0115, which changes the Gust Lock lever 
format, managed to takeoff, or performed [rejected take-offs] RTOs, 
in such a configuration that the Gust Lock lever prevented the 
thrust levers full excursion, thus limiting the engine power to 
about 70% of the nominal takeoff power. Analyses and simulations 
conducted by the manufacturer confirmed this as a possible scenario 
in case some verification procedures prior to and during takeoff, 
for whatever reason, are not properly performed. After evaluation, 
the conclusion was that the incorporation of SB 145-27-0115 would 
take away an important tactile cue regarding the thrust levers 
position, which, in a timely manner, would alert the crew of an 
improper takeoff configuration. During takeoffs, or attempts 
thereof, in such condition, the airplane would have a reduced 
performance, which would increase the required takeoff distance or 
the RTO distance, and reduce the airplane capacity to clear 
obstacles.
    Since this condition may occur in other airplanes of the same 
type and affects flight safety, a corrective action is required. 
Thus, sufficient reason exists to request compliance with this 
[Brazilian] AD in the indicated time limit.

    Required actions include replacing a certain gust lock lever. 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-2017-
0250.

Related Service Information Under 1 CFR Part 51

    We reviewed Embraer Service Bulletin 145-27-0126, dated October 6, 
2015. The service information describes procedures for replacement of a 
certain gust lock lever for one with an alternative format.
    We have also reviewed Embraer Service Bulletin 145-27-0115, 
Revision 03, dated October 5, 2015. This service information describes 
procedures for modifying involving replacement of the gust lock lever 
with a new gust lock lever enabling both engine thrust levers to be 
advanced at the same angle as that of the electromechanical gust lock 
lever.
    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.

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 these 
same type designs.

Costs of Compliance

    We estimate that this proposed AD affects 668 airplanes of U.S. 
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
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                                                                                    Cost per       Cost on U.S.
           Action                        Labor cost               Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspection..................  1 work-hour x $85 per hour =                 $0              $85          $56,780
                               $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements 
that would be required based on the results of the proposed inspection. 
We have no way of determining the number of aircraft that might need 
this replacement:

[[Page 18592]]



                           On-Condition Costs
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                                                             Cost per
     Action            Labor cost          Parts cost        product
------------------------------------------------------------------------
Replacement.....  1 work-hour x $85             $6,315           $6,400
                   per hour = $85.
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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 this proposed 
regulation:
    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.

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

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):

Empresa Brasileira de Aeronautica S.A. (Embraer): Docket No. FAA-
2017-0250; Directorate Identifier 2016-NM-158-AD.

(a) Comments Due Date

    We must receive comments by June 5, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Empresa Brasileira de Aeronautica S.A. 
(Embraer) Model EMB-135ER, -135KE, -135KL, -135LR, -145, -145ER, -
145MR, -145LR, -145XR, -145MP, and -145EP airplanes, certificated in 
any category.

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
controls.

(e) Reason

    This AD was prompted by a report of airplanes with modified gust 
lock levers that performed take-offs or rejected take-offs (RTOs), 
in such a configuration that the gust lock lever prevented the 
thrust lever's full excursion, thus limiting the engine power to 
about 70% of the nominal take-off power. We are issuing this AD to 
prevent incorrect configuration of the gust lock lever, which could 
reduce the airplane's performance during take-offs or attempted 
take-offs, increase the required take-off distance or the RTO 
distance, and reduce the airplane's capacity to clear obstacles.

(f) Compliance

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

(g) Inspection

    Within 5,000 flight hours or 24 months after the effective date 
of this AD, whichever occurs first: Check the airplane maintenance 
records to determine whether the actions specified in Embraer 
Service Bulletin 145-27-0115 have been done. If the records review 
is inconclusive, inspect the engine control box assembly against the 
Accomplishment Instructions of Embraer Service Bulletin 145-27-0115, 
Revision 03, dated October 5, 2015, to determine whether the actions 
specified in Embraer Service Bulletin 145-27-0115 have been done.

(h) Corrective Action

    If the check or inspection required by paragraph (g) of this AD 
indicates that the actions in Embraer Service Bulletin 145-27-0115 
have been done: Within 5,000 flight hours or 24 months after the 
effective date of this AD, whichever occurs first, replace the gust 
lock lever, in accordance with the Accomplishment Instructions of 
Embraer Service Bulletin 145-27-0126, dated October 6, 2015.

(i) Acceptable Alternative

    Reversion of the airplane to a pre-modification condition 
(configuration before incorporating Embraer Service Bulletin 145-27-
0115), within the compliance times specified in paragraph (h) of 
this AD, in accordance with a method approved by the Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA; 
or the Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC); 
or ANAC's authorized Designee, is acceptable for compliance with 
paragraph (h) of this AD.

(j) Prohibited Modification

    As of the effective date of this AD, do not accomplish the 
actions specified in Embraer Service Bulletin 145-27-0115 on any 
airplane.

(k) 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: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1175; 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.
    (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

[[Page 18593]]

approval must include the Designee's authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2016-07-01, dated July 18, 
2016, 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-2017-0250.
    (2) For service information identified in this 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 
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.

    Issued in Renton, Washington, on April 11, 2017.
Dionne Palermo,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-07748 Filed 4-19-17; 8:45 am]
 BILLING CODE 4910-13-P