[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]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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).

-----------------------------------------------------------------------

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
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3 work-hours x $85 per hour = $255...........................            $0 *             $255         $145,350
----------------------------------------------------------------------------------------------------------------
* 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]
 BILLING CODE 4910-13-P