[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Proposed Rules]
[Pages 24730-24732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11093]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 84, No. 103 / Wednesday, May 29, 2019 /
Proposed Rules
[[Page 24730]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2019-0325; Product Identifier 2019-NM-038-AD]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
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
certain Embraer S.A. Model ERJ 170 airplanes; 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. This proposed AD was prompted by
reports of the ram air turbine (RAT) compartment door seal peeling off
and tangling up on the RAT rotor during flight test. This proposed AD
would require a general visual inspection for peeling-off of the RAT
compartment door seal, bonding if necessary, and the rework of the RAT
compartment door seal attachment. We are proposing this AD to address
the unsafe condition on these products.
DATES: We must receive comments on this proposed AD by July 15, 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: 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 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 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.
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-
0325; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations (phone: 800-647-
5527) is listed above. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax 206-231-3221.
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-2019-0325;
Product Identifier 2019-NM-038-AD'' at the beginning of your comments.
We specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of this NPRM. We will consider all
comments received by the closing date and may amend this NPRM because
of 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 NPRM.
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian AD
2019-02-02, dated February 28, 2019 (referred to after this as the
Mandatory Continuing Airworthiness Information, or ``the MCAI''), to
correct an unsafe condition for certain Embraer S.A. Model ERJ 170
airplanes; 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.
The MCAI states:
It has been found the occurrence some events of the Ram Air
Turbine (RAT) compartment door seal peeling off and tangling up on
the RAT rotor during flight test. We are issuing this [Brazilian] AD
to prevent the loss of the RAT function, which associated with an
emergency electrical event, can result in the loss of airplane
controllability.
Required actions include an inspection for peeling-off condition,
bonding as necessary, and rework of the RAT compartment door seal
attachment. 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-2019-0325.
Related Service Information Under 1 CFR Part 51
Embraer S.A. has issued Service Bulletin SB170-53-0142, Revision
01, dated December 12, 2018; Service Bulletin SB190-53-0098, Revision
01, dated December 12, 2018; and Service Bulletin SB190LIN-53-0072,
Revision 01, dated January 9, 2019. This service information describes
procedures for rework of the RAT compartment door seal attachment,
which includes installing fasteners around the RAT door seal
attachment. These documents are distinct since they apply to different
airplane models.
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
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
[[Page 24731]]
of the unsafe condition described in the MCAI and service information
referenced above. We are proposing this AD because we evaluated all the
relevant information and determined the unsafe condition described
previously is likely to exist or develop on other products of the same
type design.
Proposed Requirements of This NPRM
This proposed AD would require a general visual inspection for
peeling-off of the RAT compartment door seal, bonding if necessary, and
the rework of the RAT compartment door seal attachment.
Costs of Compliance
We estimate that this proposed AD affects 570 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:
Estimated Costs for Required Actions
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Cost per Cost on U.S.
Labor cost Parts cost product operators
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3 work-hours x $85 per hour = $255........................... $0 * $255 $145,350
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* We have received no definitive data that would enable us to provide a parts cost estimate for the actions
specified in this proposed AD.
We have received no definitive data that would enable us to provide
cost estimates for the on-condition actions specified in this proposed
AD.
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 proposed 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 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):
Embraer S.A.: Docket No. FAA-2019-0325; Product Identifier 2019-NM-
038-AD.
(a) Comments Due Date
We must receive comments by July 15, 2019.
(b) Affected ADs
None.
(c) Applicability
This AD applies to Embraer S.A. airplanes, identified in
paragraphs (c)(1) through (c)(3) of this AD, certificated in any
category.
(1) Model ERJ 170-100 LR, -100 STD, -100 SE, and -100 SU
airplanes; and Model ERJ 170-200 LR, -200 SU, -200 STD, and -200 LL
airplanes, as identified in Embraer Service Bulletin SB170-53-0142,
Revision 01, dated December 12, 2018.
(2) Model ERJ 190-100 STD, -100 LR, and -100 IGW airplanes; and
ERJ 190-200 STD, -200 LR, and -200 IGW airplanes, as identified in
Embraer Service Bulletin SB190-53-0098, Revision 01, dated December
12, 2018.
(3) Model ERJ 190-100 ECJ airplanes, as identified in Embraer
Service Bulletin SB190LIN-53-0072, Revision 01, dated January 9,
2019.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of the ram air turbine (RAT)
compartment door seal peeling off and tangling up on the RAT rotor
during flight test. We are issuing this AD to address the possible
loss of the RAT function, which associated with an emergency
electrical event, can result in the loss of airplane
controllability.
(f) Compliance
Comply with this AD within the compliance times specified,
unless already done.
(g) Inspection and Rework
(1) For airplanes identified in paragraphs (c)(1) and (c)(2) of
this AD: Within 750 flight hours after the effective date of this
AD, do a general visual inspection of the RAT compartment door seal
for peeling-off condition (disbonding), do all applicable bonding,
and rework the RAT compartment door seal attachment, in accordance
with the Accomplishment Instructions of the service information
identified in paragraph (c)(1) or (c)(2) of this AD, as applicable.
Do all applicable bonding before further flight.
(2) For airplanes identified in paragraph (c)(3) of this AD:
Within 400 flight hours or 6 months after the effective date of this
AD, whichever occurs first, do all applicable
[[Page 24732]]
bonding, and rework the RAT compartment door seal attachment, in
accordance with the Accomplishment Instructions of the service
information identified in paragraph (c)(3) of this AD, as
applicable. Do all applicable bonding before further flight.
(h) 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 Embraer Service Bulletin 170-53-0142, dated
December 8, 2017; Embraer Service Bulletin 190-53-0098, dated
December 8, 2017; or Embraer Service Bulletin 190LIN-53-0072, dated
December 15, 2017; as applicable.
(i) 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 (j)(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): Except as specified by
paragraphs (g) and (i)(2) of this AD: For service information that
contains steps that are labeled as RC, the provisions of paragraphs
(i)(3)(i) and (i)(3)(ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. If a step or substep is labeled ``RC Exempt,'' then the
RC requirement is removed from that step or substep. An AMOC is
required for any deviations to RC steps, including substeps and
identified figures.
(ii) Steps not labeled 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 RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.
(j) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian AD 2019-02-02, dated February 28, 2019, 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-2019-0325.
(2) For more information about this AD, contact Krista Greer,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax 206-231-3221.
(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 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 Standards Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of this material at the FAA,
call 206-231-3195.
Issued in Des Moines, Washington, on May 15, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-11093 Filed 5-28-19; 8:45 am]
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