[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35638-35641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15807]


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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; 
Amendment 39-18976; AD 2017-15-16]
RIN 2120-AA64


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

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 
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -
135KE, -135KL, -135LR, -145, -145ER, -145MR, -145LR, -145XR, -145MP, 
and -145EP airplanes. This 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 AD requires replacing a 
certain gust lock lever. We are issuing this AD to address the unsafe 
condition on these products.

DATES: This AD is effective September 5, 2017.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of September 5, 
2017.

ADDRESSES: For service information identified in this final rule, 
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 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-2017-0250.

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 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: 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:

[[Page 35639]]

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Empresa Brasileira de 
Aeronautica S.A. (Embraer) Model EMB-135ER, -135KE, -135KL, -135LR, -
145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP airplanes. The 
NPRM published in the Federal Register on April 20, 2017 (82 FR 18590) 
(``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 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 all 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.

Comments

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

Request To Revise the Compliance Time

    Air Line Pilots Association, International (ALPA) requested that 
the compliance time in the NPRM be revised. ALPA stated that since the 
Embraer service information was published 19 months prior, operators 
have been provided ample time to perform inspections to determine 
whether a corrective action is required. ALPA commented that, 
therefore, it is in partial support of the NPRM and suggested an 
inspection compliance time of 12 months or 2,500 flight hours after the 
effective date of the AD, and a repair compliance time of 24 months or 
5,000 hours after the effective date of the AD.
    We disagree with the commenter's request. In developing an 
appropriate compliance time, we considered the safety implications, 
parts availability, and normal maintenance schedules for timely 
accomplishment of inspecting and replacing the gust lock lever. 
Further, we arrived at the proposed compliance time with operator and 
manufacturer concurrence. Since the actions specified in the Brazilian 
AD and service information are not mandatory in the U.S., the FAA must 
issue a final rule to mandate those actions in order to address the 
identified unsafe condition. In consideration of all of these factors, 
we determined that the compliance time, as proposed, represents an 
appropriate time in which the gust lock lever can be inspected and 
replaced in a timely manner within the fleet, while still maintaining 
an adequate level of safety. We have not changed 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 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 for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was 
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    We have reviewed Embraer Service Bulletin 145-27-0126, dated 
October 6, 2015. This 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 
modification procedures 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.

Costs of Compliance

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

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                     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 inspection. We have 
no way of determining the number of aircraft that might need this 
replacement:

[[Page 35640]]



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

2017-15-16 Empresa Brasileira de Aeronautica S.A. (Embraer): 
Amendment 39-18976; FAA-2017-0250; Directorate Identifier 2016-NM-
158-AD.

(a) Effective Date

    This AD is effective September 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

    Modification 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, 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 the attention of the person identified in 
paragraph (l)(2) of this AD. 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 
approval must include the Designee's authorized signature.

[[Page 35641]]

(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 more information about this AD, contact Todd Thompson, 
Aerospace Engineer, International Branch, ANM-116, FAA, 1601 Lind 
Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-
227-1149.

(m) 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 145-27-0115, Revision 03, dated 
October 5, 2015.
    (ii) Embraer Service Bulletin 145-27-0126, dated October 6, 
2015.
    (3) 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.
    (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 July 19, 2017.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2017-15807 Filed 7-31-17; 8:45 am]
 BILLING CODE 4910-13-P