[Federal Register Volume 84, Number 47 (Monday, March 11, 2019)]
[Rules and Regulations]
[Pages 8605-8607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04312]
[[Page 8605]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0118; Product Identifier 2018-NM-143-AD; Amendment
39-19582; AD 2019-03-30]
RIN 2120-AA64
Airworthiness Directives; Empresa Brasileira de Aeronautica S.A.
(Embraer) Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Empresa Brasileira de Aeronautica S.A. (Embraer) Model EMB-135ER, -
135KE, -135KL, and -135LR airplanes and Model EMB-145, -145ER, -145MR,
-145LR, -145XR, -145MP, and -145EP airplanes. This AD was prompted by
reports of internal corrosion of the stow/transit switches installed in
the engine thrust reversers. This AD requires installation of new stow/
transit switches. We are issuing this AD to address the unsafe
condition on these products.
DATES: This AD becomes effective March 26, 2019.
The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of March 26,
2019.
The Director of the Federal Register approved the incorporation by
reference of a certain other publication listed in this AD as of August
3, 2004 (69 FR 38819, June 29, 2004).
We must receive comments on this AD by April 25, 2019.
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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
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
Standards Branch, 2200 South 216th St., Des Moines, WA. For information
on the availability of this material at the FAA, call 206-231-3195. It
is also available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0118.
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-2019-
0118; 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. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Kathleen Arrigotti, Aerospace
Engineer, International Section, Transport Standards Branch, FAA, 2200
South 216th St., Des Moines, WA 98198; telephone and fax 206-231-3218.
SUPPLEMENTARY INFORMATION:
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian AD
2001-05-03R3, dated April 22, 2003 (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-135 airplanes and Model EMB-145, 145ER, -
145MR, -145LR, -145XR, -145MP, and 145EP airplanes. The MCAI states:
There have been found cases of internal corrosion of the stow/
transit switches installed in the engine thrust reversers of EMB-145
( ) aircraft models. One case of severely contaminated transit
switch resulted in uncommanded engine rollback to idle in flight.
Spurious messages ``ENG ( ) REV DISAGREE'' have also been displayed
in the [Engine Indicating and Crew Alerting System] EICAS, due to
the above internal corrosion, which have induced aborted takeoffs.
Since this condition may occur in other airplanes of the same
type and affects flight safety, a corrective action [installation of
stow/transit switches] is required. Thus, sufficient reason exists
to request compliance with this [Brazilian] AD in the indicated time
limit.
You may examine the MCAI on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0118.
Relationship Between This AD and AD 2004-13-16, Amendment 39-13698 (69
FR 38819, June 29, 2004) (``AD 2004-13-16'')
We issued AD 2004-13-16 to correspond to the MCAI. However, AD
2004-13-16 referenced Embraer Service Bulletin 145-78-0035, Revision
02, dated January 31, 2003, which has been revised to include
additional airplanes. We have determined that not all affected
airplanes were listed in Embraer Service Bulletin 145-78-0035, Revision
02, dated January 31, 2003.
This final rule does not supersede AD 2004-13-16. Rather, we have
determined that a stand-alone AD is more appropriate to address the
airplanes that were not identified in the applicability of AD 2004-13-
16.
Related Service Information Under 1 CFR Part 51
Embraer issued Service Bulletin 145-78-0035, Revision 03, dated
November 26, 2004. This service information describes procedures for
installing new stow/transit switches having part number 83-990-168 on
both engines. 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.
Embraer also issued Service Bulletin 145-78-0035, Revision 02,
dated January 31, 2003, which the Director of the Federal Register
approved for incorporation by reference as of August 3, 2004 (69 FR
38819, June 29, 2004).
FAA's Determination
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 issuing this AD because we
evaluated all pertinent information and determined the unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
[[Page 8606]]
Requirements of This AD
This AD requires accomplishing the actions specified in the service
information described previously.
FAA's Justification and Determination of the Effective Date
Since there are currently no domestic operators of this product,
notice and opportunity for public comment before issuing this AD are
unnecessary. In addition, for the reason stated above, we find that
good cause exists for making this amendment effective in less than 30
days.
Comments Invited
This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and opportunity for public
comment. We invite you to send any written relevant data, views, or
arguments about this AD. Send your comments to an address listed under
the ADDRESSES section. Include ``Docket No. FAA-2019-0118; Product
Identifier 2018-NM-143-AD'' at the beginning of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this AD. We will consider all
comments received by the closing date and may amend this 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 AD.
Costs of Compliance
Currently, there are no affected U.S.-registered airplanes. If an
affected airplane is imported and placed on the U.S. Register in the
future, we provide the following cost estimates to comply with this AD:
Estimated Costs for Required Actions
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Cost per
Labor cost Parts cost product
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8 work-hours x $85 per hour = $680.... $194 $874
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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.
This AD is issued in accordance with authority delegated by the
Executive Director, Aircraft Certification Service, as authorized by
FAA Order 8000.51C. In accordance with that order, issuance of ADs is
normally a function of the Compliance and Airworthiness Division, but
during this transition period, the Executive Director has delegated the
authority to issue ADs applicable to transport category airplanes and
associated appliances to the Director of the System Oversight Division.
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):
2019-03-30 Empresa Brasileira de Aeronautica S.A. (Embraer):
Amendment 39-19582; Docket No. FAA-2019-0118; Product Identifier
2018-NM-143-AD.
(a) Effective Date
This AD becomes effective March 26, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Empresa Brasileira de Aeronautica S.A.
(Embraer) Model EMB-135ER, -135KE, -135KL, and -135LR airplanes; and
Model EMB-145, -145ER, -145MR, -145LR, -145XR, -145MP, and -145EP
airplanes identified in Embraer Service Bulletin 145-78-0035,
Revision 03, dated November 26, 2004; certificated in any category;
except airplanes identified in Embraer Service Bulletin 145-78-0035,
Revision 02, dated January 31, 2003.
(d) Subject
Air Transport Association (ATA) of America Code 78, Engine
Exhaust.
(e) Reason
This AD was prompted by reports of internal corrosion of the
stow/transit switches installed in the engine thrust reversers. We
are issuing this AD to address corrosion of the stow/transit
switches, which could result in uncommanded loss of engine power in-
flight or erroneous signals in the Engine Indicating and Crew
Alerting System (EICAS), which could induce aborted takeoffs.
[[Page 8607]]
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Installation of Stow/Transit Switches
Before the accumulation of 2,000 total flight hours, or within
400 flight hours after the effective date of this AD, whichever
occurs later, install new stow/transit switches having part number
(P/N) 83-990-168, on the #1 and #2 engine thrust reversers, in
accordance with the Accomplishment Instructions of Embraer Service
Bulletin 145-78-0035, Revision 03, dated November 26, 2004.
(h) Parts Installation Limitation
As of the effective date of this AD, no person may install, on
any airplane, a stow/transit switch having P/N 83-990-137 or P/N 83-
990-152.
(i) Credit for Previous Actions
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 applicable document specified in
paragraphs (i)(1), (i)(2), and (i)(3) of this AD.
(1) Embraer Service Bulletin 145-78-0035, dated October 4, 2002.
This document is not incorporated by reference in this AD.
(2) Embraer Service Bulletin 145-78-0035, Revision 01, dated
December 11, 2002. This document is not incorporated by reference in
this AD.
(3) Embraer Service Bulletin 145-78-0035, Revision 02, dated
January 31, 2003. This document is incorporated by reference in AD
2004-13-16, Amendment 39-13698 (69 FR 38819, June 29, 2004).
(j) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, 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 Section, send it to the attention of
the person identified in paragraph (k)(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
Section, Transport Standards Branch, FAA; or the Ag[ecirc]ncia
Nacional de Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized
Designee. If approved by the ANAC Designee, the approval must
include the Designee's authorized signature.
(3) Required for Compliance (RC): If any service information
contains procedures or tests that are identified as RC, those
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.
(k) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian AD 2001-05-03R3, dated April 22, 2003, 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-2019-0118.
(2) For more information about this AD, contact Kathleen
Arrigotti, Aerospace Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198;
telephone and fax 206-231-3218.
(3) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (l)(5) and (l)(6) of this AD.
(l) 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.
(3) The following service information was approved for IBR on
April 15, 2019.
(i) Embraer Service Bulletin 145-78-0035, Revision 03, dated
November 26, 2004.
(ii) [Reserved]
(4) The following service information was approved for IBR on
August 3, 2004 (69 FR 38819, June 29, 2004).
(i) Embraer Service Bulletin 145-78-0035, Revision 02, dated
January 31, 2003. Pages 1 and 2 of this document are identified as
Revision 02, dated January 31, 2003; pages 3 through 13 are
identified as the original version, dated October 4, 2002.
(ii) [Reserved]
(5) 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.
(6) You may view this service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195.
(7) 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 Des Moines, Washington, on February 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-04312 Filed 3-8-19; 8:45 am]
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