81_FR_40600 81 FR 40480 - Airworthiness Directives; Embraer S.A. Airplanes

81 FR 40480 - Airworthiness Directives; Embraer S.A. Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range40480-40483
FR Document2016-14305

We are adopting a new airworthiness directive (AD) for all Embraer S.A. Model ERJ 170 airplanes; and all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. This AD was prompted by reports of cracks in certain engine low-stage bleed check valves. This AD requires replacing the air management system (AMS) controller operation program of the AMS controller processor boards, and replacing the current low-stage bleed check valve and associated seals. We are issuing this AD to prevent failure of the low-stage bleed check valve; simultaneous failures of both low-stage bleed check valves could result in a dual engine in- flight shutdown.

Federal Register, Volume 81 Issue 120 (Wednesday, June 22, 2016)
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40480-40483]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14305]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-6542; Directorate Identifier 2015-NM-038-AD; 
Amendment 39-18563; AD 2016-12-14]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

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 
Embraer S.A. Model ERJ 170 airplanes; and all Embraer S.A. Model ERJ 
190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW 
airplanes. This AD was prompted by reports of cracks in certain engine 
low-stage bleed check valves. This AD requires replacing the air 
management system (AMS) controller operation program of the AMS 
controller processor boards, and replacing the current low-stage bleed 
check valve and associated seals. We are issuing this AD to prevent 
failure of the low-stage bleed check valve; simultaneous failures of 
both low-stage bleed check valves could result in a dual engine in-
flight shutdown.

DATES: This AD is effective July 27, 2016.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of July 27, 
2016.

ADDRESSES: For service information identified in this final rule, 
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 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-2015-
6542.

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-2015-
6542; 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: Ana Martinez Hueto, Aerospace 
Engineer, International Branch, ANM-116, Transport Airplane 
Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; 
telephone 425-227-1622; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR 
part 39 by adding an AD that would apply to all Embraer S.A. Model ERJ 
170 airplanes; and all Embraer S.A. Model ERJ 190-100 STD, -100 LR, -
100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. The NPRM published 
in the Federal Register on November 30, 2015 (80 FR 74720) (``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 2015-02-02, effective March 6, 2015 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all Embraer S.A. 
Model ERJ 170 airplanes; and all Embraer S.A. Model ERJ 190-100 STD, -
100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW airplanes. The MCAI 
states:

    This [Brazilian] AD was prompted by reports of cracks in some 
engine low-stage bleed check valves having part number (P[/]N) 
1001447-6. Further analysis has determined that if a new (zero hour) 
low-stage bleed check valve P/N 1001447-6 is installed in an 
airplane already equipped with the Air Management System (AMS) 
controller processor boards containing the AMS Controller 
Operational Program version Black Label 13, or a later version, 
premature cracking on the petals of the low-stage bleed check valve 
is not expected to occur. We are issuing this [Brazilian] AD to 
prevent the possibility of a dual engine in-flight shutdown due to 
low-stage bleed check valve failure.

    The unsafe condition is failure of the low-stage bleed check valve; 
simultaneous failures of both low-stage bleed check valves could result 
in a dual engine in-flight shutdown. The required action is replacement 
of the AMS controller operation program of the AMS controller processor 
boards, and replacement of the low-stage bleed check valves and 
associated seals. 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-2015-6542.

Comments

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

Request To Authorize Operators To Install Used Overhauled Valves

    An anonymous commenter requested that we revise the NPRM to 
authorize operators to install used valves that have been overhauled by 
the manufacturer or other authorized 14 CFR part 145 repair station. 
The commenter stated that the historical service records required to 
determine the serviceability of used valves installed on airplanes are 
not required by 14 CFR 91.417 and are generally not available. 
According to the commenter, this limits the ability of operators of 
Embraer Model ERJ 170 airplanes to adequately determine the service 
history of valves that were previously installed on Embraer Model ERJ 
190 airplanes, and whether the installation of a used valve will meet 
compliance with the

[[Page 40481]]

requirements of paragraph (j)(1) of the proposed AD.
    We disagree to revise this AD to authorize operators to install 
used valves that have been overhauled. A valve that has been used on a 
Model ERJ 190 airplane without the AMS controller operational program 
version Black Label 13 or later version has been subjected to hydraulic 
pressures above the valve's structural limits. The damage to the valve 
could be undetectable, and the valve can therefore experience premature 
cracking. However, as is stated in paragraph (i) of this AD, low-stage 
bleed check valves having P/N 1001447-6 that can be demonstrated with 
logged hours only on Model ERJ-170 airplanes and/or on Model ERJ-190 
airplanes equipped with the AMS controller operational program version 
Black Label 13, or a later version, can be used instead of new ones 
(zero-hour). We have made no changes to this AD in this regard.

Request To Revise Wording of the Unsafe Condition

    Embraer requested that we revise the unsafe condition in the NPRM 
to indicate that a single valve failure cannot result in a dual engine 
failure. Embraer stated that a dual engine failure can occur only in 
the event of simultaneous failures of both valves on both engines on 
the same flight.
    For the reasons stated by Embraer, we agree to include the 
requested phrasing in all appropriate locations in this final rule.

Request To Revise the Applicability

    United Technologies Aerospace Systems (UTAS) requested that we 
revise the applicability of the NPRM to include Model ERJ ``195 
airplanes'' and limit the applicability for Model ERJ 170 airplanes 
(including Model ERJ ``175 airplanes'') to those ``requiring 
replacement check valves.''
    We disagree to revise the applicability of this AD. There is a 
difference between the commercial designation and the model designation 
on the type certificate data sheet (TCDS): ``ERJ 175'' is the 
commercial designation of Model ERJ 170-200 airplanes on the TCDS, and 
``ERJ 195'' is the commercial designation of Model ERJ 190-200 
airplanes on the TCDS. We use the model designation on the TCDS to 
define the applicability of ADs.
    Although this AD is applicable to Model ERJ 190 and Model ERJ 170 
airplanes, the only requirement for Model ERJ 170 airplanes is included 
in paragraph (j)(1) of this AD, which is related to installation of 
used low-stage bleed check valves having P/N 1001447-6 on Model ERJ 170 
airplanes. As noted in the NPRM, ANAC is considering future rulemaking 
to include a similar requirement. We have made no changes to this AD in 
this regard.

Request To Clarify the Reason for the NPRM

    UTAS requested that we revise paragraph (e), ``Reason,'' of the 
proposed AD to specify that cracks were found only on check valve P/N 
1001447-6 on Model ERJ 190 airplanes.
    Although we agree that cracks may have been found only on check 
valve P/N 1001447-6 on Model ERJ 190 airplanes, we disagree to revise 
paragraph (e), ``Reason,'' of this AD. The unsafe condition of this AD 
is not limited to Model ERJ 190 airplanes since the check valves may 
also be installed on Model ERJ 170 airplanes. We have made no changes 
to 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 with the changes described previously and 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.
    We also determined that these changes will not increase the 
economic burden on any operator or increase the scope of this AD.

Related Service Information Under 1 CFR Part 51

    Embraer has issued Service Bulletin 190-36-0023, Revision 03, dated 
September 24, 2014; and Service Bulletin 190-21-0041, Revision 02, 
dated July 30, 2013. The service information describes procedures for 
replacing the engine low-stage bleed check valves. Embraer Service 
Bulletin 190-21-0041, Revision 02, dated July 30, 2013, also describes 
procedures for replacing the AMS controller operation program of the 
AMS controller processor boards. 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 197 airplanes of U.S. registry.
    We also estimate that it will take about 4 work-hours per product 
to comply with the basic requirements of this AD. The average labor 
rate is $85 per work-hour. Required parts will cost about $638 per 
product. Based on these figures, we estimate the cost of this AD on 
U.S. operators to be $192,666, or $978 per product.

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,

[[Page 40482]]

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):

2016-12-14 Embraer S.A.: Amendment 39-18563. Docket No. FAA-2015-
6542; Directorate Identifier 2015-NM-038-AD.

(a) Effective Date

    This AD is effective July 27, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1) 
and (c)(2) of this AD, certificated in any category.
    (1) All Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE., 
and -100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 
STD airplanes.
    (2) All Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 IGW, -
200 STD, -200 LR, and -200 IGW airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 36, Pneumatic.

(e) Reason

    This AD was prompted by reports of cracks in certain engine low-
stage bleed check valves. We are issuing this AD to prevent failure 
of the low-stage bleed check valve; simultaneous failures of both 
low-stage bleed check valves could result in a dual engine in-flight 
shutdown.

(f) Compliance

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

(g) Modification

    For Embraer S.A. Model ERJ 190 airplanes identified in Embraer 
Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013: 
Within 3 months after the effective date of this AD, replace the 
Hamilton Sundstrand air management system (AMS) controller operation 
program of the AMS controller processor boards, as specified in 
paragraph (g)(1) or (g)(2) of this AD.
    (1) Replace with a new, improved program, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 190-21-0041, 
Revision 02, dated July 30, 2013.
    (2) Replace with a version of the Hamilton Sundstrand AMS 
controller operation program approved after August 31, 2012, using a 
method approved by the Manager, International Branch, ANM-116, 
Transport Airplane Directorate, FAA; Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC); or ANAC's authorized Designee.

(h) Valve Replacement

    For Embraer S.A. Model ERJ 190 airplanes identified in Embraer 
Service Bulletin 190-21-0041, Revision 02, dated July 30, 2013: 
Within 3 months after the effective date of this AD, and after 
accomplishment of the actions required by paragraph (g) of this AD, 
replace the check valve and associated seals of the left-hand and 
right-hand engine bleed system with a check valve identified in 
paragraph (i) of this AD, and new seals, in accordance with the 
Accomplishment Instructions of Embraer Service Bulletin 190-36-0023, 
Revision 03, dated September 24, 2014.

(i) Allowed Valves

    When complying with paragraph (h) of this AD, the low-stage 
bleed check valves having P/N 1001447-6, and associated seals, are 
replaced with new ones (zero-hour). Low-stage bleed check valves 
having P/N 1001447-6 that can be demonstrated with logged hours only 
on Model ERJ 170 airplanes and/or on Model ERJ 190 airplanes 
equipped with the AMS controller operational program version Black 
Label 13, or a later version, can be used instead of new ones (zero-
hour).

(j) Parts Installation Limitation

    (1) For Model ERJ 170-100 STD, -100 LR, -100SU, -100SE, -200 
STD, -200 LR, and -200 SU airplanes: No person may install on any 
airplane a low-stage bleed check valve having P/N 1001447-6 that was 
installed on any Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, 
-200 LR, or -200 IGW airplane, any serial number except 190-00587, 
190-00589, and 190-00593 and subsequent, prior to accomplishment of 
the requirements of paragraph (g) of this AD.
    (2) For Model ERJ 190-100 STD, -100 LR, -100IGW, -200 STD, -200 
LR, and -200 IGW airplanes: No person may install on any airplane on 
which the actions of paragraph (g) of this AD have been done, a low-
stage bleed check valve having P/N 1001447-6 that was previously 
installed on any Model ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, 
-200 LR, or -200 IGW airplane, any serial number except 190-00587, 
190-00589, 190-00593 and subsequent, prior to accomplishment of the 
requirements of paragraph (g) of this AD.

(k) Credit for Previous Actions

    (1) 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 service information identified 
in paragraph (k)(1)(i) or (k)(1)(ii) of this AD. This service 
information is not incorporated by reference in this AD.
    (i) Embraer Service Bulletin 190-21-0041, dated September 27, 
2012.
    (ii) Embraer Service Bulletin 190-21-0041, Revision 01, dated 
December 20, 2012.
    (2) This paragraph provides credit for actions required by 
paragraph (h) of this AD, if those actions were performed before the 
effective date of this AD using the service information identified 
in paragraph (k)(2)(i), (k)(2)(ii), or (k)(2)(iii) of this AD. This 
service information is not incorporated by reference in this AD.
    (i) Embraer Service Bulletin 190-36-0023, dated July 22, 2013.
    (ii) Embraer Service Bulletin 190-36-0023, Revision 01, dated 
September 3, 2013.
    (iii) Embraer Service Bulletin 190-36-0023, Revision 02, dated 
April 30, 2014.

(l) 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: Ana Martinez 
Hueto, Aerospace Engineer, International Branch, ANM-116, Transport 
Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-
3356; telephone 425-227-1622; 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. The 
AMOC approval letter must specifically reference this AD.
    (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.

(m) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) Brazilian Airworthiness Directive 2015-02-02, effective March 
6, 2015, 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-2015-6542.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (n)(3) and (n)(4) of this AD.

(n) 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 190-21-0041, Revision 02, dated 
July 30, 2013.
    (ii) Embraer Service Bulletin 190-36-0023, Revision 03, dated 
September 24, 2014.
    (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

[[Page 40483]]

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 June 8, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2016-14305 Filed 6-21-16; 8:45 am]
 BILLING CODE 4910-13-P



                                              40480            Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations

                                              in the county as long as it does not                      The Director of the Federal Register                 effective March 6, 2015 (referred to after
                                              exceed 100 acres); or                                   approved the incorporation by reference                this as the Mandatory Continuing
                                                 (2) If the records you provided are                  of certain publications listed in this AD              Airworthiness Information, or ‘‘the
                                              from acreage that one or more other                     as of July 27, 2016.                                   MCAI’’), to correct an unsafe condition
                                              producers double cropped in at least                    ADDRESSES: For service information                     for all Embraer S.A. Model ERJ 170
                                              two of the last four crop years, you may                identified in this final rule, contact                 airplanes; and all Embraer S.A. Model
                                              only use the history of double cropping                 Embraer S.A., Technical Publications                   ERJ 190–100 STD, –100 LR, –100 IGW,
                                              for the same physical acres from which                  Section (PC 060), Av. Brigadeiro Faria                 –200 STD, –200 LR, and –200 IGW
                                              double cropping records were provided                   Lima, 2170—Putim—12227–901 São                        airplanes. The MCAI states:
                                              (e.g., if a neighbor has double cropped                 Jose dos Campos—SP—Brasil; telephone                      This [Brazilian] AD was prompted by
                                              100 acres of wheat and soybeans in the                  +55 12 3927–5852 or +55 12 3309–0732;                  reports of cracks in some engine low-stage
                                              county and you acquire your neighbor’s                  fax +55 12 3927–7546; email distrib@                   bleed check valves having part number (P[/
                                              100 double cropped acres and an                         embraer.com.br; Internet http://                       ]N) 1001447–6. Further analysis has
                                              additional 100 acres in the county, you                                                                        determined that if a new (zero hour) low-
                                                                                                      www.flyembraer.com. You may view                       stage bleed check valve P/N 1001447–6 is
                                              can only apply your neighbor’s history                  this referenced service information at
                                              of double cropped acreage to the same                                                                          installed in an airplane already equipped
                                                                                                      the FAA, Transport Airplane                            with the Air Management System (AMS)
                                              100 acres that your neighbor double                     Directorate, 1601 Lind Avenue SW.,                     controller processor boards containing the
                                              cropped).                                               Renton, WA. For information on the                     AMS Controller Operational Program version
                                              *      *      *    *    *                               availability of this material at the FAA,              Black Label 13, or a later version, premature
                                                Signed in Washington, DC, on June 16,                 call 425–227–1221. It is also available                cracking on the petals of the low-stage bleed
                                              2016.                                                   on the Internet at http://                             check valve is not expected to occur. We are
                                                                                                                                                             issuing this [Brazilian] AD to prevent the
                                              Brandon Willis,                                         www.regulations.gov by searching for                   possibility of a dual engine in-flight
                                              Manager, Federal Crop Insurance                         and locating Docket No. FAA–2015–                      shutdown due to low-stage bleed check valve
                                              Corporation.                                            6542.                                                  failure.
                                              [FR Doc. 2016–14735 Filed 6–21–16; 8:45 am]                                                                      The unsafe condition is failure of the
                                                                                                      Examining the AD Docket
                                              BILLING CODE 3410–08–P                                                                                         low-stage bleed check valve;
                                                                                                        You may examine the AD docket on
                                                                                                      the Internet at http://                                simultaneous failures of both low-stage
                                                                                                      www.regulations.gov by searching for                   bleed check valves could result in a
                                              DEPARTMENT OF TRANSPORTATION                                                                                   dual engine in-flight shutdown. The
                                                                                                      and locating Docket No. FAA–2015–
                                                                                                      6542; or in person at the Docket                       required action is replacement of the
                                              Federal Aviation Administration                                                                                AMS controller operation program of
                                                                                                      Management Facility between 9 a.m.
                                                                                                      and 5 p.m., Monday through Friday,                     the AMS controller processor boards,
                                              14 CFR Part 39                                                                                                 and replacement of the low-stage bleed
                                                                                                      except Federal holidays. The AD docket
                                              [Docket No. FAA–2015–6542; Directorate                  contains this AD, the regulatory                       check valves and associated seals. You
                                              Identifier 2015–NM–038–AD; Amendment
                                                                                                      evaluation, any comments received, and                 may examine the MCAI in the AD
                                              39–18563; AD 2016–12–14]                                                                                       docket on the Internet at http://
                                                                                                      other information. The street address for
                                              RIN 2120–AA64                                           the Docket Office (telephone 800–647–                  www.regulations.gov by searching for
                                                                                                      5527) is Docket Management Facility,                   and locating Docket No. FAA–2015–
                                              Airworthiness Directives; Embraer S.A.                  U.S. Department of Transportation,                     6542.
                                              Airplanes                                               Docket Operations, M–30, West                          Comments
                                              AGENCY:  Federal Aviation                               Building Ground Floor, Room W12–140,                     We gave the public the opportunity to
                                              Administration (FAA), Department of                     1200 New Jersey Avenue SE.,                            participate in developing this AD. The
                                              Transportation (DOT).                                   Washington, DC 20590.                                  following presents the comments
                                              ACTION: Final rule.                                     FOR FURTHER INFORMATION CONTACT: Ana                   received on the NPRM and the FAA’s
                                                                                                      Martinez Hueto, Aerospace Engineer,                    response to each comment.
                                              SUMMARY:    We are adopting a new                       International Branch, ANM–116,
                                              airworthiness directive (AD) for all                    Transport Airplane Directorate, FAA,                   Request To Authorize Operators To
                                              Embraer S.A. Model ERJ 170 airplanes;                   1601 Lind Avenue SW., Renton, WA                       Install Used Overhauled Valves
                                              and all Embraer S.A. Model ERJ 190–                     98057–3356; telephone 425–227–1622;                      An anonymous commenter requested
                                              100 STD, –100 LR, –100 IGW, –200                        fax 425–227–1149.                                      that we revise the NPRM to authorize
                                              STD, –200 LR, and –200 IGW airplanes.                                                                          operators to install used valves that
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              This AD was prompted by reports of                                                                             have been overhauled by the
                                              cracks in certain engine low-stage bleed                Discussion                                             manufacturer or other authorized 14
                                              check valves. This AD requires                            We issued a notice of proposed                       CFR part 145 repair station. The
                                              replacing the air management system                     rulemaking (NPRM) to amend 14 CFR                      commenter stated that the historical
                                              (AMS) controller operation program of                   part 39 by adding an AD that would                     service records required to determine
                                              the AMS controller processor boards,                    apply to all Embraer S.A. Model ERJ 170                the serviceability of used valves
                                              and replacing the current low-stage                     airplanes; and all Embraer S.A. Model                  installed on airplanes are not required
                                              bleed check valve and associated seals.                 ERJ 190–100 STD, –100 LR, –100 IGW,                    by 14 CFR 91.417 and are generally not
                                              We are issuing this AD to prevent                       –200 STD, –200 LR, and –200 IGW                        available. According to the commenter,
                                              failure of the low-stage bleed check
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                                                                                                      airplanes. The NPRM published in the                   this limits the ability of operators of
                                              valve; simultaneous failures of both                    Federal Register on November 30, 2015                  Embraer Model ERJ 170 airplanes to
                                              low-stage bleed check valves could                      (80 FR 74720) (‘‘the NPRM’’).                          adequately determine the service history
                                              result in a dual engine in-flight                         The Agência Nacional de Aviação                   of valves that were previously installed
                                              shutdown.                                               Civil (ANAC), which is the aviation                    on Embraer Model ERJ 190 airplanes,
                                              DATES: This AD is effective July 27,                    authority for Brazil, has issued Brazilian             and whether the installation of a used
                                              2016.                                                   Airworthiness Directive 2015–02–02,                    valve will meet compliance with the


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                                                               Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations                                            40481

                                              requirements of paragraph (j)(1) of the                 1001447–6 on Model ERJ 170 airplanes.                     We also estimate that it will take
                                              proposed AD.                                            As noted in the NPRM, ANAC is                          about 4 work-hours per product to
                                                We disagree to revise this AD to                      considering future rulemaking to                       comply with the basic requirements of
                                              authorize operators to install used                     include a similar requirement. We have                 this AD. The average labor rate is $85
                                              valves that have been overhauled. A                     made no changes to this AD in this                     per work-hour. Required parts will cost
                                              valve that has been used on a Model ERJ                 regard.                                                about $638 per product. Based on these
                                              190 airplane without the AMS                                                                                   figures, we estimate the cost of this AD
                                              controller operational program version                  Request To Clarify the Reason for the
                                                                                                                                                             on U.S. operators to be $192,666, or
                                              Black Label 13 or later version has been                NPRM
                                                                                                                                                             $978 per product.
                                              subjected to hydraulic pressures above                    UTAS requested that we revise
                                              the valve’s structural limits. The damage               paragraph (e), ‘‘Reason,’’ of the                      Authority for This Rulemaking
                                              to the valve could be undetectable, and                 proposed AD to specify that cracks were                   Title 49 of the United States Code
                                              the valve can therefore experience                      found only on check valve P/N                          specifies the FAA’s authority to issue
                                              premature cracking. However, as is                      1001447–6 on Model ERJ 190 airplanes.                  rules on aviation safety. Subtitle I,
                                              stated in paragraph (i) of this AD, low-                  Although we agree that cracks may                    section 106, describes the authority of
                                              stage bleed check valves having P/N                     have been found only on check valve                    the FAA Administrator. ‘‘Subtitle VII:
                                              1001447–6 that can be demonstrated                      P/N 1001447–6 on Model ERJ 190                         Aviation Programs,’’ describes in more
                                              with logged hours only on Model ERJ–                    airplanes, we disagree to revise                       detail the scope of the Agency’s
                                              170 airplanes and/or on Model ERJ–190                   paragraph (e), ‘‘Reason,’’ of this AD. The             authority.
                                              airplanes equipped with the AMS                         unsafe condition of this AD is not                        We are issuing this rulemaking under
                                              controller operational program version                  limited to Model ERJ 190 airplanes                     the authority described in ‘‘Subtitle VII,
                                              Black Label 13, or a later version, can                 since the check valves may also be                     Part A, Subpart III, Section 44701:
                                              be used instead of new ones (zero-hour).                installed on Model ERJ 170 airplanes.                  General requirements.’’ Under that
                                              We have made no changes to this AD in                   We have made no changes to this AD in                  section, Congress charges the FAA with
                                              this regard.                                            this regard.                                           promoting safe flight of civil aircraft in
                                              Request To Revise Wording of the                        Conclusion                                             air commerce by prescribing regulations
                                              Unsafe Condition                                                                                               for practices, methods, and procedures
                                                                                                        We reviewed the relevant data,                       the Administrator finds necessary for
                                                Embraer requested that we revise the                  considered the comments received, and                  safety in air commerce. This regulation
                                              unsafe condition in the NPRM to                         determined that air safety and the                     is within the scope of that authority
                                              indicate that a single valve failure                    public interest require adopting this AD               because it addresses an unsafe condition
                                              cannot result in a dual engine failure.                 with the changes described previously                  that is likely to exist or develop on
                                              Embraer stated that a dual engine failure               and minor editorial changes. We have                   products identified in this rulemaking
                                              can occur only in the event of                          determined that these minor changes:                   action.
                                              simultaneous failures of both valves on                   • Are consistent with the intent that
                                              both engines on the same flight.                        was proposed in the NPRM for                           Regulatory Findings
                                                For the reasons stated by Embraer, we                 correcting the unsafe condition; and                     We determined that this AD will not
                                              agree to include the requested phrasing                   • Do not add any additional burden                   have federalism implications under
                                              in all appropriate locations in this final              upon the public than was already                       Executive Order 13132. This AD will
                                              rule.                                                   proposed in the NPRM.                                  not have a substantial direct effect on
                                                                                                        We also determined that these
                                              Request To Revise the Applicability                                                                            the States, on the relationship between
                                                                                                      changes will not increase the economic
                                                 United Technologies Aerospace                                                                               the national government and the States,
                                                                                                      burden on any operator or increase the
                                              Systems (UTAS) requested that we                                                                               or on the distribution of power and
                                                                                                      scope of this AD.
                                              revise the applicability of the NPRM to                                                                        responsibilities among the various
                                              include Model ERJ ‘‘195 airplanes’’ and                 Related Service Information Under 1                    levels of government.
                                              limit the applicability for Model ERJ 170               CFR Part 51                                              For the reasons discussed above, I
                                              airplanes (including Model ERJ ‘‘175                      Embraer has issued Service Bulletin                  certify that this AD:
                                              airplanes’’) to those ‘‘requiring                       190–36–0023, Revision 03, dated                          1. Is not a ‘‘significant regulatory
                                              replacement check valves.’’                             September 24, 2014; and Service                        action’’ under Executive Order 12866;
                                                 We disagree to revise the applicability              Bulletin 190–21–0041, Revision 02,                       2. Is not a ‘‘significant rule’’ under the
                                              of this AD. There is a difference                       dated July 30, 2013. The service                       DOT Regulatory Policies and Procedures
                                              between the commercial designation                      information describes procedures for                   (44 FR 11034, February 26, 1979);
                                              and the model designation on the type                   replacing the engine low-stage bleed                     3. Will not affect intrastate aviation in
                                              certificate data sheet (TCDS): ‘‘ERJ 175’’              check valves. Embraer Service Bulletin                 Alaska; and
                                              is the commercial designation of Model                  190–21–0041, Revision 02, dated July                     4. Will not have a significant
                                              ERJ 170–200 airplanes on the TCDS, and                  30, 2013, also describes procedures for                economic impact, positive or negative,
                                              ‘‘ERJ 195’’ is the commercial                           replacing the AMS controller operation                 on a substantial number of small entities
                                              designation of Model ERJ 190–200                        program of the AMS controller                          under the criteria of the Regulatory
                                              airplanes on the TCDS. We use the                       processor boards. This service                         Flexibility Act.
                                              model designation on the TCDS to                        information is reasonably available                    List of Subjects in 14 CFR Part 39
                                              define the applicability of ADs.                        because the interested parties have
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                                                 Although this AD is applicable to                    access to it through their normal course                 Air transportation, Aircraft, Aviation
                                              Model ERJ 190 and Model ERJ 170                         of business or by the means identified                 safety, Incorporation by reference,
                                              airplanes, the only requirement for                     in the ADDRESSES section.                              Safety.
                                              Model ERJ 170 airplanes is included in
                                                                                                      Costs of Compliance                                    Adoption of the Amendment
                                              paragraph (j)(1) of this AD, which is
                                              related to installation of used low-stage                 We estimate that this AD affects 197                   Accordingly, under the authority
                                              bleed check valves having P/N                           airplanes of U.S. registry.                            delegated to me by the Administrator,


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                                              40482            Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations

                                              the FAA amends 14 CFR part 39 as                        (h) Valve Replacement                                    (i) Embraer Service Bulletin 190–36–0023,
                                              follows:                                                  For Embraer S.A. Model ERJ 190 airplanes             dated July 22, 2013.
                                                                                                      identified in Embraer Service Bulletin 190–              (ii) Embraer Service Bulletin 190–36–0023,
                                              PART 39—AIRWORTHINESS                                   21–0041, Revision 02, dated July 30, 2013:             Revision 01, dated September 3, 2013.
                                              DIRECTIVES                                              Within 3 months after the effective date of              (iii) Embraer Service Bulletin 190–36–
                                                                                                      this AD, and after accomplishment of the               0023, Revision 02, dated April 30, 2014.
                                              ■ 1. The authority citation for part 39                 actions required by paragraph (g) of this AD,          (l) Other FAA AD Provisions
                                              continues to read as follows:                           replace the check valve and associated seals
                                                                                                      of the left-hand and right-hand engine bleed              The following provisions also apply to this
                                                  Authority: 49 U.S.C. 106(g), 40113, 44701.          system with a check valve identified in                AD:
                                                                                                      paragraph (i) of this AD, and new seals, in               (1) Alternative Methods of Compliance
                                              § 39.13   [Amended]                                                                                            (AMOCs): The Manager, International
                                                                                                      accordance with the Accomplishment
                                              ■ 2. The FAA amends § 39.13 by adding                   Instructions of Embraer Service Bulletin 190–          Branch, ANM–116, Transport Airplane
                                              the following new airworthiness                         36–0023, Revision 03, dated September 24,              Directorate, FAA, has the authority to
                                                                                                      2014.                                                  approve AMOCs for this AD, if requested
                                              directive (AD):                                                                                                using the procedures found in 14 CFR 39.19.
                                              2016–12–14 Embraer S.A.: Amendment 39–                  (i) Allowed Valves                                     In accordance with 14 CFR 39.19, send your
                                                  18563. Docket No. FAA–2015–6542;                       When complying with paragraph (h) of this           request to your principal inspector or local
                                                  Directorate Identifier 2015–NM–038–AD.              AD, the low-stage bleed check valves having            Flight Standards District Office, as
                                                                                                      P/N 1001447–6, and associated seals, are               appropriate. If sending information directly
                                              (a) Effective Date
                                                                                                      replaced with new ones (zero-hour). Low-               to the International Branch, send it to ATTN:
                                                This AD is effective July 27, 2016.                   stage bleed check valves having P/N                    Ana Martinez Hueto, Aerospace Engineer,
                                              (b) Affected ADs                                        1001447–6 that can be demonstrated with                International Branch, ANM–116, Transport
                                                                                                      logged hours only on Model ERJ 170                     Airplane Directorate, FAA, 1601 Lind
                                                None.                                                 airplanes and/or on Model ERJ 190 airplanes            Avenue SW., Renton, WA 98057–3356;
                                              (c) Applicability                                       equipped with the AMS controller                       telephone 425–227–1622; fax 425–227–1149.
                                                                                                      operational program version Black Label 13,            Information may be emailed to: 9-ANM-116-
                                                 This AD applies to the airplanes identified                                                                 AMOC-REQUESTS@faa.gov. Before using
                                                                                                      or a later version, can be used instead of new
                                              in paragraphs (c)(1) and (c)(2) of this AD,                                                                    any approved AMOC, notify your appropriate
                                                                                                      ones (zero-hour).
                                              certificated in any category.                                                                                  principal inspector, or lacking a principal
                                                 (1) All Embraer S.A. Model ERJ 170–100               (j) Parts Installation Limitation                      inspector, the manager of the local flight
                                              LR, –100 STD, –100 SE., and –100 SU                        (1) For Model ERJ 170–100 STD, –100 LR,             standards district office/certificate holding
                                              airplanes; and Model ERJ 170–200 LR, –200               –100SU, –100SE, –200 STD, –200 LR, and                 district office. The AMOC approval letter
                                              SU, and –200 STD airplanes.                             –200 SU airplanes: No person may install on            must specifically reference this AD.
                                                 (2) All Embraer S.A. Model ERJ 190–100               any airplane a low-stage bleed check valve                (2) Contacting the Manufacturer: For any
                                              STD, –100 LR, –100 IGW, –200 STD, –200                  having P/N 1001447–6 that was installed on             requirement in this AD to obtain corrective
                                              LR, and –200 IGW airplanes.                             any Model ERJ 190–100 STD, –100 LR, –100               actions from a manufacturer, the action must
                                              (d) Subject                                             IGW, –200 STD, –200 LR, or –200 IGW                    be accomplished using a method approved
                                                                                                      airplane, any serial number except 190–                by the Manager, International Branch, ANM–
                                                Air Transport Association (ATA) of
                                                                                                      00587, 190–00589, and 190–00593 and                    116, Transport Airplane Directorate, FAA; or
                                              America Code 36, Pneumatic.
                                                                                                      subsequent, prior to accomplishment of the             ANAC; or ANAC’s authorized Designee. If
                                              (e) Reason                                              requirements of paragraph (g) of this AD.              approved by the ANAC Designee, the
                                                 This AD was prompted by reports of cracks               (2) For Model ERJ 190–100 STD, –100 LR,             approval must include the Designee’s
                                              in certain engine low-stage bleed check                 –100IGW, –200 STD, –200 LR, and –200 IGW               authorized signature.
                                              valves. We are issuing this AD to prevent               airplanes: No person may install on any
                                                                                                      airplane on which the actions of paragraph             (m) Related Information
                                              failure of the low-stage bleed check valve;
                                              simultaneous failures of both low-stage bleed           (g) of this AD have been done, a low-stage                (1) Refer to Mandatory Continuing
                                              check valves could result in a dual engine in-          bleed check valve having P/N 1001447–6 that            Airworthiness Information (MCAI) Brazilian
                                              flight shutdown.                                        was previously installed on any Model ERJ              Airworthiness Directive 2015–02–02,
                                                                                                      190–100 STD, –100 LR, –100 IGW, –200 STD,              effective March 6, 2015, for related
                                              (f) Compliance                                          –200 LR, or –200 IGW airplane, any serial              information. This MCAI may be found in the
                                                 Comply with this AD within the                       number except 190–00587, 190–00589, 190–               AD docket on the Internet at http://
                                              compliance times specified, unless already              00593 and subsequent, prior to                         www.regulations.gov by searching for and
                                              done.                                                   accomplishment of the requirements of                  locating Docket No. FAA–2015–6542.
                                                                                                      paragraph (g) of this AD.                                 (2) Service information identified in this
                                              (g) Modification                                                                                               AD that is not incorporated by reference is
                                                 For Embraer S.A. Model ERJ 190 airplanes             (k) Credit for Previous Actions                        available at the addresses specified in
                                              identified in Embraer Service Bulletin 190–                (1) This paragraph provides credit for              paragraphs (n)(3) and (n)(4) of this AD.
                                              21–0041, Revision 02, dated July 30, 2013:              actions required by paragraph (g) of this AD,
                                              Within 3 months after the effective date of             if those actions were performed before the             (n) Material Incorporated by Reference
                                              this AD, replace the Hamilton Sundstrand air            effective date of this AD using the service               (1) The Director of the Federal Register
                                              management system (AMS) controller                      information identified in paragraph (k)(1)(i)          approved the incorporation by reference
                                              operation program of the AMS controller                 or (k)(1)(ii) of this AD. This service                 (IBR) of the service information listed in this
                                              processor boards, as specified in paragraph             information is not incorporated by reference           paragraph under 5 U.S.C. 552(a) and 1 CFR
                                              (g)(1) or (g)(2) of this AD.                            in this AD.                                            part 51.
                                                 (1) Replace with a new, improved program,               (i) Embraer Service Bulletin 190–21–0041,              (2) You must use this service information
                                              in accordance with the Accomplishment                   dated September 27, 2012.                              as applicable to do the actions required by
                                              Instructions of Embraer Service Bulletin 190–              (ii) Embraer Service Bulletin 190–21–0041,          this AD, unless this AD specifies otherwise.
                                              21–0041, Revision 02, dated July 30, 2013.              Revision 01, dated December 20, 2012.                     (i) Embraer Service Bulletin 190–21–0041,
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                                                 (2) Replace with a version of the Hamilton              (2) This paragraph provides credit for              Revision 02, dated July 30, 2013.
                                              Sundstrand AMS controller operation                     actions required by paragraph (h) of this AD,             (ii) Embraer Service Bulletin 190–36–0023,
                                              program approved after August 31, 2012,                 if those actions were performed before the             Revision 03, dated September 24, 2014.
                                              using a method approved by the Manager,                 effective date of this AD using the service               (3) For service information identified in
                                              International Branch, ANM–116, Transport                information identified in paragraph (k)(2)(i),         this AD, contact Embraer S.A., Technical
                                              Airplane Directorate, FAA; Agência Nacional            (k)(2)(ii), or (k)(2)(iii) of this AD. This service    Publications Section (PC 060), Av. Brigadeiro
                                              de Aviação Civil (ANAC); or ANAC’s                    information is not incorporated by reference           Faria Lima, 2170—Putim—12227–901 São
                                              authorized Designee.                                    in this AD.                                            Jose dos Campos—SP—Brasil; telephone +55



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                                                               Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations                                             40483

                                              12 3927–5852 or +55 12 3309–0732; fax +55               ADDRESSES:    For service information                  a change of the engine model designation or
                                              12 3927–7546; email distrib@embraer.com.br;             identified in this final rule, contact BRP-            of the engine P/N but only through the
                                              Internet http://www.flyembraer.com.                     Powertrain GmbH & Co KG, Rotaxstrasse                  cylinder head P/N and the position of the
                                                 (4) You may view this service information                                                                   temperature sensor.
                                              at the FAA, Transport Airplane Directorate,
                                                                                                      1, A–4623 Gunskirchen, Austria; phone:                   Consequently, engines with the new
                                              1601 Lind Avenue SW., Renton, WA. For                   +43 7246 6010; fax: +43 7246 601 9130;                 cylinder heads (installed during production
                                              information on the availability of this                 email: airworthiness@brp.com; Internet:                or replaced in-service during maintenance)
                                              material at the FAA, call 425–227–1221.                 http://www.FLYROTAX.com. You may                       may be installed on an aircraft without
                                                 (5) You may view this service information            view this service information at the                   concurrent modification of that aircraft,
                                              that is incorporated by reference at the                FAA, Engine & Propeller Directorate,                   instructions for which should be provided by
                                              National Archives and Records                           1200 District Avenue, Burlington, MA.                  the type certificate (TC) holder or the
                                              Administration (NARA). For information on               For information on the availability of                 supplemental type certificate (STC) holder,
                                              the availability of this material at NARA, call                                                                as applicable. In this case, the coolant
                                              202–741–6030, or go to: http://                         this material at the FAA, call 781–238–                temperature with a maximum engine
                                              www.archives.gov/federal-register/cfr/ibr-              7125. It is also available on the Internet             operating limit of 120 °C (valid for engines
                                              locations.html.                                         at http://www.regulations.gov by                       operated with water diluted glycol coolant) is
                                                                                                      searching for and locating Docket No.                  displayed on a CHT indicator with a typical
                                                Issued in Renton, Washington, on June 8,
                                              2016.                                                   FAA–2016–2042.                                         limit marking (red radial/range) of more than
                                                                                                                                                             120 °C.
                                              Michael Kaszycki,                                       Examining the AD Docket
                                              Acting Manager, Transport Airplane                                                                               You may obtain further information
                                                                                                        You may examine the AD docket on                     by examining the MCAI in the AD
                                              Directorate, Aircraft Certification Service.
                                                                                                      the Internet at http://                                docket on the Internet at http://
                                              [FR Doc. 2016–14305 Filed 6–21–16; 8:45 am]             www.regulations.gov by searching for                   www.regulations.gov by searching for
                                              BILLING CODE 4910–13–P                                  and locating Docket No. FAA–2016–                      and locating Docket No. FAA–2016–
                                                                                                      2042; or in person at the Docket                       2042.
                                                                                                      Management Facility between 9 a.m.
                                              DEPARTMENT OF TRANSPORTATION                            and 5 p.m., Monday through Friday,                     Comments
                                              Federal Aviation Administration                         except Federal holidays. The AD docket                   We gave the public the opportunity to
                                                                                                      contains this AD, the mandatory                        participate in developing this AD. We
                                              14 CFR Part 39                                          continuing airworthiness information                   received no comments on the NPRM (81
                                                                                                      (MCAI), the regulatory evaluation, any                 FR 14804, March 18, 2016).
                                              [Docket No. FAA–2016–2042; Directorate                  comments received, and other
                                              Identifier 2016–NE–02–AD; Amendment 39–                 information. The address for the Docket                Conclusion
                                              18568; AD 2016–13–04]                                   Office (phone: 800–647–5527) is                          We reviewed the available data and
                                              RIN 2120–AA64                                           Document Management Facility, U.S.                     determined that air safety and the
                                                                                                      Department of Transportation, Docket                   public interest require adopting this AD
                                              Airworthiness Directives; BRP-                          Operations, M–30, West Building                        as proposed expect for minor editorial
                                              Powertrain GmbH & Co KG                                 Ground Floor, Room W12–140, 1200                       changes. We determined that these
                                              Reciprocating Engines                                   New Jersey Avenue SE., Washington,                     changes will not increase the economic
                                              AGENCY:  Federal Aviation                               DC 20590.                                              burden on any operator or increase the
                                              Administration (FAA), DOT.                              FOR FURTHER INFORMATION CONTACT:                       scope of this AD.
                                              ACTION: Final rule.                                     Robert Green, Aerospace Engineer,                      Related Service Information Under 1
                                                                                                      Engine Certification Office, FAA, Engine               CFR Part 51
                                              SUMMARY:    We are adopting a new                       & Propeller Directorate, 1200 District
                                              airworthiness directive (AD) for certain                Avenue, Burlington, MA 01803; phone:                      BRP-Powertrain GmbH & Co KG has
                                              BRP-Powertrain GmbH & Co KG Rotax                       781–238–7754; fax: 781–238–7199;                       issued Service Bulletin (SB) SB–912–
                                              912 F2, 912 F3, 912 F4, 912 S2, 912 S3,                 email: robert.green@faa.gov.                           068/SB–914–049 (one document), dated
                                              912 S4, 914 F2, 914 F3, and 914 F4                                                                             April 16, 2015. The service information
                                                                                                      SUPPLEMENTARY INFORMATION:
                                              reciprocating engines. This AD requires                                                                        describes procedures for re-
                                              re-identification of the engine model                   Discussion                                             identification of the type plate for
                                              and concurrent modification of the                        We issued a notice of proposed                       certain BRP-Powertrain GmbH & Co KG
                                              aircraft to indicate the maximum                        rulemaking (NPRM) to amend 14 CFR                      Rotax 912 and 914 engines. This service
                                              coolant temperature limit. This AD was                  part 39 by adding an AD that would                     information is reasonably available
                                              prompted by a design change                             apply to the specified products. The                   because the interested parties have
                                              introduced by the manufacturer that                     NPRM was published in the Federal                      access to it through their normal course
                                              relocated the engine cylinder head                      Register on March 18, 2016 (81 FR                      of business or by the means identified
                                              temperature sensor to a different                       14804). The NPRM proposed to correct                   in the ADDRESSES section.
                                              location and converted it to a coolant                  an unsafe condition for the specified                  Costs of Compliance
                                              temperature sensor. We are issuing this                 products. The MCAI states:                               We estimate that this AD affects about
                                              AD to prevent exceeding engine coolant                     A design change of the engine cylinder              40 engines installed on aircraft of U.S.
                                              temperature limits, which could result                  heads was introduced by BRP-Powertrain in              registry. We also estimate that it will
                                              in loss of engine coolant, damage to the                March 2013 which modifies the engine/                  take about 5 hours per engine to inspect
                                              engine, and loss of control of the                      aircraft interfaces by substituting the                and re-identify the type plate. The
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                                              airplane.                                               previous cylinder head temperature (CHT)
                                                                                                                                                             average labor rate is $85 per hour. Based
                                                                                                      measurement (limit temperature 135 °C/150
                                              DATES: This AD becomes effective July                                                                          on these figures, we estimate the cost of
                                                                                                      °C) with a coolant temperature (CT)
                                              27, 2016.                                               measurement (limit temperature 120 °C).                this AD on U.S. operators to be $17,000.
                                                The Director of the Federal Register                     The design change was communicated on
                                              approved the incorporation by reference                                                                        Authority for This Rulemaking
                                                                                                      15 May 2013 by BRP-Powertrain Service
                                              of a certain publication listed in this AD              Instruction (SI) 912–020R7/914–022R7                     Title 49 of the United States Code
                                              as of July 27, 2016.                                    (single document) but was not identified by            specifies the FAA’s authority to issue


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Document Created: 2016-06-22 01:06:32
Document Modified: 2016-06-22 01:06:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis AD is effective July 27, 2016.
ContactAna Martinez Hueto, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1622; fax 425-227-1149.
FR Citation81 FR 40480 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety

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